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REGISTERED NO. DL--(~O4/000712003-06

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of~.~ia
mntm1JT
EXTRA 0 RD INAR Y

'WI ll- ~1
PARTII-Section

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PUBLISHED BY AUTHORITY
~o 39]
No. 39]

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31'mf23, 2006 / ~ 1, 1928
NEW DELHI, WEDNESDAY,AUGUST 23,2006/ BHADRA 1,1928

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Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 23rdAugust, 2006/Bhadra 1, 1928 (Saka)
The following Act of Parlian;tent received the assent of the President
22nd August, 2006, and is hereby published for general information:-

on the

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)

AMENDMENT ACT, 2006
(No, 33 OF2006)

[22ndAugust, 2006,]

An Act to amend the Juvenile Justice (Care and Protection ofChildreri) Act, 2000.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as
follows:1. This Act may be called the Juvenile Justice (Care and Protection of Children) Shorttitle.
Amen1mentAct, 2006,
56 of 2000.

2. In the Juvenile
of Children) Act, 2000
(hereinafter
Amendment
.
, ' '
'
. , Justice' (Care and Protection
"
of long title
retierred to as the pnnclpa lA ct,) Inth e 1ongtitIe, tior the wordS' through varIOUSmstltu tlOns
established under this enactment", the words "and for matters connected therewith or
incidental thereto" shall be substituted,
.

3. In section 1 of the principalAct,(i) in the marginal heading, for the words "and commencement", the words
", commencementand application" shall be substituted;
(ii) after sub-section(3), the followingsub-sectionshall be inserted,namely:"(4) Notwithstanding anything contained in any other law for the time
being in force, the provisions of this Act shall apply to all cases involving
detention, prosecution, penalty or sentence of imprisonment of juveniles in
conflict with law under suchother law.",

Amendment
of section 1.

2
Amendment
of section 2.

THE GAZETTEOF INDIAEXTRAORDINARY

4. In section 2 of the principal Act,(l) ailer clause (a), the following clause shall be inserted, namely:'(aa) "adoption" means the process through which the adopted child is
permanently separated ITom hi~ biological parents and become the legitimate
child of his adoptive parents with all the rights, privileges and responsibilities
that are attached to the relationship;';
(ii) in clause (d),(I) after sub-clause (i), the following sub-clause shall be inserted, namely:"(ia) who,is found begging, or who is either a street child or a working
child,";
(II) in sub-clause (v), after the word 'abandoned', the words 'or surrendered'
shall be inserted;
(ifi) in clause (h), for the words "competent authority", the words "'State
Government on the recommendation of the competent authority" shall be substituted;
(iv) for clause (I), the following clause shall be substituted, namely:'(I) "juvenile in conflict with law" means a juvenile who is alleged to
have committed an offence and has not completed eighteenth year of age as on
the date of commission of such offence;';
(v) clause (m) shall be omitted.

Omission of
certain
expressions.
Amendment.
of section 4.

5. Throughout the principal Act, the words "local authority", "or local authority" and
"or the local authority", wherever they occur, shall be omitted.

Amendment
of section 6.

7. In section 6 of the principal Act, in sub-section (J), the words "or a group of districts"
shall be omitted.

Insertion of
new section
7A.

8. After section 7 of the principal Act, the following section shall be inserted,
namely:-

Procedure to
be followed
when claim of
juvenility is
raised before
any court.

6. In section 4 ofthe principal Act, in sub-section (1), for the words "by notification in
the Official Gazette, constitute fora district or a group of districts specified in the notification",
the words "within a period of one year ITomthe date of commencement of the Juvenile Justice
(Care and Protection of Children) Amendment Act, 2006, by notification in the Official Gazette,
constitute for every district" shall be substituted.

"7A. (J) Whenever a claim of juvenility is raised before any court or a court is of
the opinion that an accused person was a juvenile on the date of commission of the
offence; the court shall make an inquiry, take such evidence as may be necessary (but
not an affidavit) so as to determine the age of such person, and shall record a finding
whether the person is a juvenile or a child or not, stating his age as nearly as may be:
Provided that a claim of juvenility may be raised before any court and it shall be
recognised at any stage, even after final disposal of the case, and such claim shall be
determined in terms ofthe provisions contained in this Act and the rules made thereunder,
even if the juvenile has ceased to be so on or before the date of commencement of this
Act.
(2) If the court finds a person to be a juvenile on the date of commission of the
offence under sub-section (1), it shall forward the juvenile to the Board for passing
appropriate order, and the sentence if any, passed by a court shall be deemed to have
no effect. " .

Amendment
of section 10.

.
9. In section 10 of the principal Act, for sub-section (1), the following sub-section shall
be substituted, namely:-

"(J)As soon as ajuvenile in conflict with law is apprehended by police, he shall

be placed under the charge of the special juvenile police unit or the designated police

[PART11-

SEC.1]

THE GAZETTEOF INDIAEXTRAORDINARY

officer, who shall produce the juvenile before the Board without any loss of time but
within a period of twenty-four hours of his apprehension excluding the time necessary
for the journey, from the place where the juvenile was appreh~nded, tothe Board:
Provided that in no case, ajuvenile in conflict with law shall be placed in a police
lockup or lodged in ajail.".
10.' In section 12 of the principal Act, in sub-section (1), after the words "with or
without surety", the words "or placed under the supervision of a Probation Officer or under
the care of any fit institution or fit person" shall be inserted.

Amendment
of section 12.

11. Section 14 of the principal Act shall be renumberedas sub-section (1) thereof, and
after sub-section (1) as so renumbered, the following sub-section shall be ~serted, namely:-

Amendment
of section 14. .

:'(2) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review
the pendency of cases of the Board at every six months, and shall direct the Board to
increase the frequency of its sittings or may cause the constitution of additional Boards.".
12. In section 15 ofthe principal Act, in sub-section (1), for clause (g), the following
clause shall be substituted, namely:-

Amendment
of section IS.

"(g) make an order directing the juvenile to be sent to a special home for a period
of three years:
Provided that the Board may, if it is satisfied that having regard to the nature of
the offence and the circumstances of the case, it is expedient so to do, for reasons to
be recorded, reduce the period of stay to such period as it thinks fit.".
13. In section 16 of the principal Act,-

Amendment
of section 16.

(i) in sub-section (1), for the words "or life imprisonment", the words "or
imprisonment for any term which may extend to imprisonment for life" shall be
substituted;
(ii) in sub-section (2), for the proviso, the following proviso shall be substituted,
namely:"Provided that the period of detention so ordered shall not exceed in any case
the maximum period provided under section 15 of this Act.".
14. In section 20 of the principal Act, the following proviso and Explanation shall be
inserted, namely::.
"Provided that the Board may, for any adequate and special reason to be
mentioned in the order, review the case and pass appropriate order in the interest of
such juvenile.

Amendment
of section 20.

E:Xplanation.- In all pending cases including trial, revision, appeal or any other
criminal proceedings in respect of a juvenile tin conflict with law, in any court, the
determination of juvenility of such a juvenile shall be in terms of clause (l) of section 2,
even ifthe juvenile ceases to be so on or before the date of commencement of this Act
and the provisions of this Act shall apply as if the said provisions had been in force,
for all purposes'and at all material times when the alleged offence was committed.".
15. For section 21 of the principal Act, the following section shall be substituted,
namely:"21. (1) No report in any newspaper, magazine, news-sheet or visual media of
any inquiry regarding a juvenile in conflict with law or a child in need of care and
protection under this Act shall disclose the name, address or school or any other
particulars calculated to lead to the identification of the juvenile or child nor shall any
picture of any such juvenile or child be published:
Provided that for reasons to be recorded in writing, the authority holding the
inquiry may permit such disclosure, ifin its opinion such disclosure is in the interest of
the juvenile or...the child.

Substitutionof
newsectionfor
section21.
Prohibition

of

publication of
name, etc., of
juvenile in
conflict with
law or child in
need of care
and protection
involved in
any
proceeding
under the Act.

THE GAZETTEOF INDIAEXTRAORDINARY

(2) Any person who contravenes the provisions of sub-section (1), shall be
liable to a p~nalty which may extend to twenty-five thousand rupees.".

Amendment
of section 29.

Amendment
of section 32.

16. In section 29 of the principal Act, in sub-section (1), for the words "by notification
in Official Gazette, constitute for every district, or group of districts specified in the
notification", the words "within a period of one year from the date of commencement of the
Juvenile Justice (Care and Prote<;tion of Children) Amendment Act, 2006, by notification in
the Official Gazette, constitute for every district" shall be substituted.

17. In section 32 of the principalAct,(a) in ,sub-section(1),(i) in clause (iv), the words "authorised by the State Government" shall
be omitted;

(it) the followingproviso shall be inserted at the end, namely:"Provided that the child shall be produced before the Committeewithout
any loss of time but within a period of twenty-four hours excluding the time
necessary for the journey.";
(b) in sub-section (2), the words "to the police and" shall be omitted.
Amendment
of section 33.

18. In section 33 of the principal Act,(a) in sub-section (1), the words "or any police officer or special juvenile police
unit or the designated police officer" shall be omitted;
(b) for sub-section (3), the following sub-sections shall be substituted, namely:"(3) The State Government shall review the pendency of cases of the
Committee at every six months, and shall direct the Committee to increase the
frequency of its sittings or may cause the constitution of additional Committees.
(4) After the completion of the inquiry, if, the 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 allow the child to remain in the children's
home or shelter home till suitable rehabilitation is found for him or till he
attains the age of eighteen years.".

Am\:ndment
of section 34.

19. In section 34 of tfte principal Act, after sub-section (2), the following subsection shall be inserted, namely:"(3) Without prejudice to anything contained in any other law for the time being
in force, all institutions, whether State Government run or those run by voluntary
organisations for children in need of care and protection shall, within a period of six
months from "'Ie date of commencement ofthe Juvenile Justice (Care and Protection of
Children) Amendment Act, 2006, be registered under this Act in such manner as may be
prescribed." .

Amendment
of section 39.

20. In section 39 ofthe principal Act, for the Explanation, the following Explanation
shall be substituted, namely:'Explanation.- For the purposes of this section "restoration of and protection
of a child" means restoration to(0) parents;
(b) adopted parents;
(c) foster parents;

[PARTII-C.

THE GAZETfE OF INDIAEXTRAORDINARY

rII- ~EC.l]
:::::::::::t

At

(d) guardian;
(e) fit perso~;
(f) fit institution.' .
21. In section 41 of the principal Act,-

Amendment
of section 41.

(i) for sub-sections (2), (3) and (4), the following sub-sections shall be substituted,

namely:-

'

"(2) Adoptionshallbe resortedto for the rehabilitationof the childrenwho

are orphan, abandoned or surrendered through such mechanism as may be
prescribed,
(3) In keeping with the provisions of the various guidelines for adoption
issued iTom time to time, by the State Government, or the Central Adoption
Resource Agency and notified by the Central Government, children may be
given in adoption by a court after satisfying itself regarding the investigations
having been carried out, as are required for giving such children in adoption.
(4) The State Government shall recognise one or more of its institutions or
voluntary organisations in each district as specialised adoption agencies in
such manner as may be prescribed for the placement of orphan, abandoned ot
surrendered children for adoption in accordance with the guidelines notified

under sub-section (3):

Provided that the children's homes and the institutions run by the State
Government or a voluntary organisation for children in need of care and protection,
who are orphan, abandoned or surrendered, shall ensure that these children are
declared iTeefor adoption by the Committee and all such cases shall be referred
to the adoption agency in that district for placement of such children in adoption
in accordance with the guidelines notified under sub-section (3).";
(iz) for sub-section (6), the following sub-section shall be substituted, namely:"(6) The court may allow a child to be given in ?doption(a) to a person irrespective of marital status; or
(b) to parents to adopt a child of same sex irrespective of the number
of living biological sons or daughters; or
(c) to childless couples.".

22. For section 57 of the principal Act, thdbllowing section shall be substituted,
namely:. .

Substitution of
new section for
section 57.

"57. The State Government may direct any child or the juvenile to be transferred
iTomany children's home or special home within the State to any other children's home,
special home or institution of a like nature or to such institutions outside the State in

Transfer
betwe.::n
children's
homes under
the Act, and
juvenile homes
of like nature
in different
parts of India.

consultation with the concerned State Government and with the prior intimation to the
Committee or the Board, as the case may be, and such order shall be deemed to be
operative for the competent authority of the area to which the child or the juvenile is

sent.".

23. In section 59 ofthe principal Act, in sub-section (2), for the words "for maximum

Amendment

sevendays",the words"for a periodgenerallynot exceedingsevendays" shallbe substituted. of section59.

--,

THE GAZETTEOF INDIAEXTRAORDINARY

6
Insertion of
new section
/62A.
Constitution of
Child
Protection
responsible

Unit
for

implementation

of the Act

Amendment of
section 64.

24. After section 62 of the principal Act, the following section shall be inserted,
namely:"62A. Every State Government shall constitut~ a Child Protection Unit for the
State and, such Units for every District, consisting of such officers and other employees
as may be appointed by that Government, to take up matters relating to children in
need of care and protection andjuveniles in conflict with law with a view to ensure the
implementation of this Act including the establishment and maintenance of homes,
notification of competent authorities in relation to these children and their rehabilitation
and co-ordination with various official and non-official agencies concerned.".
25. In section 64 of the principal Act,(i) for the words "may direct", the words "shall direct" shall be substituted;
(ii) the following proviso and Explanation shall be inserted, nameiy:"Provided that the State Government, or as the case maybe the Board,
may, for any adequate and special reason to be recorded in writing, review the
case of a juvenile in conflict with law undergoing a sentence of imprisonment,
who has ceased to be so on or before the commencement of this Act, and pass
appropriate order in the interest of such juvenile.
Explanation.-In
all cases where a juvenile in conflict with law is
undergoing a sentence of imprisonmen~ at any stage on the date of commencement
of this Act, his case including the issue of juvenility, shall be deemed to be
decided in terms of clause (I) of section 2 and other provisions contained in
this Act and the rules made thereunder, irrespective of the fact that he ceases
to be a juvenile on orbefore such date and accordingly he shall be sent to the
special home or a fit institution, as the case may be, for the remainder of the
period of the sentence but such sentence'shall not in any case exceed the
maximum period provided in section 15 of this Act.".

Amendment
of section 68.

26. In section 68 of the principal Act,(a) in sub-section (1), the following proviso shall be inserted, namely:"Provided that the Central Government may, frame model rules in respect
of all or any ofthe matters with respect to which the State Government may make
rules under this section, and where any such model, rules have been framed in
respect of any such matter, they shall apply to the State until the rules in respect
of that matter is made by the State Government and while making any such rules,
so far as is,practicable, they conform to such model rules.";
(b) in sub-section (2),(i) in clause (x), after'.the words, letter and brackets "sub-section (2)", the
following words, letter and brackets shall be inserted, namely:"and the manner of registration of institutions under sub-section

(3)";
(ii) after clause (xii), the following clau~e shall be inserted, namely:"(xiia) rehabilitation mechanism to be resorted to in adoption under subsection (2), notification of guidelines under sub-sectbn (3) and the manner of
!ec.ognition of specialised adoption agencies under sub"~ection (4) of sectbn
41 ;";

(c) sub-section (3) shal! be re-numberedas sub-section (4) therecf, and before
sub-section (4) as so re-numbered, the following sub-section shall be inserted
namely:"(3) Every rule made by the Central Government under this Act shall be

[PARTII- .-

SEC.I]

THE GAZETTEOF INDIAEXTRAORDINARY

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 both Houses agree
that the rule should not be made, the rule 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.".

KN. CHATURVEDI,
Secy. to the Govt. of India.

MGIPMRND-247 4GI(54)-24-08-2006.

.,