Question

From which of the following dates Juvenile Justice Act, 2015 was implemented?

• A. January 16, 2015
• B. January 15, 2016
• C. February 16, 2016
• D. February 15, 2015
• A. ‘A’ can raise the plea of juvenility since he was child on the date of commission of the offence.
• B. ‘A’ cannot be allowed to raise the plea of juvenility.
• C. For raising the plea of juvenility, the age on the date of trial is considered and not the age on the date of commission of offence.
• D. All are true.
• A. The Court can decide the plea of juvenility only on the basis of the affidavit of the claimant
• B. The Court shall get the enquiry conducted by collector of the district.
• C. The Court shall take such evidence as it considers necessary and decide the age of the claimant.
• D. Both (A) and (B) are true.
• A. The Court is bound to try the entire case and decide whether the claimant has committed the offence
• B. The order of conviction passed by the Court after recording finding that the accused is a child, is valid.
• C. The Court shall forward the matter to Juvenile Justice Board for decision and appropriate orders.
• D. The Court shall set the accused free.
• A. Orphaned children
• B. Abused children
• C. Neglected children
• D. Children in conflict with law
• A. A child who is without a biological parent
• B. A child who is without an adoptive parent
• C. A child who is without a legal guardian
• D. All the above

Answer 1

The Correct Option is B

The Juvenile Justice (Care and Protection of Children) Act, 2015, came into effect on January 15, 2016. This legislation replaced the Juvenile Justice (Care and Protection of Children) Act, 2000. It introduced a comprehensive framework for dealing with juveniles in conflict with the law, especially with respect to the claims of juvenility during legal proceedings. According to Section 9(2) and (3) of the 2015 Act, if a person claims to be a child at the time of committing an offence or if the court suspects that the person was a child then, an inquiry is initiated. The court must gather necessary evidence to ascertain the age, but affidavits are not allowed for this purpose. The age determination can be argued at any stage of a trial or even after final case disposal, ensuring that the child's rights are recognized and protected throughout the judicial process.

Answer 2

This question asks for the date the Juvenile Justice (Care and Protection of Children) Act, 2015 came into force, and it helps to be precise about the distinction between when an Act is passed or notified and when it is actually enforced.

1. January 16, 2015: This date does not correspond to the Act's enforcement, and January 2015 in general predates even the Act's passage through Parliament, since the Bill was passed by the Rajya Sabha only in December 2015.
2. January 15, 2016: This is the date on which the Juvenile Justice (Care and Protection of Children) Act, 2015 was brought into force, replacing the Juvenile Justice (Care and Protection of Children) Act, 2000, and introducing significant changes such as provisions allowing 16 to 18 year olds accused of heinous offences to be tried as adults in specific circumstances, along with the age-determination procedure under Section 9.
3. February 16, 2016: This date is close to, but distinct from, the actual date of enforcement, and does not match the notified commencement date.
4. February 15, 2015: This date falls well before the Act was even passed by Parliament in December 2015, so it cannot be the date of enforcement.

Since the Act received Presidential assent at the very end of 2015 and was subsequently notified to come into force at the start of the following month, the only option that correctly reflects the actual commencement date is January 15, 2016.

Therefore, the correct answer is January 15, 2016.

Answer 3

To determine the validity of A's claim to juvenility on the date of the offense, we must refer to the provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015. According to Section 9(2) and (3), a person can claim to be a juvenile if they were a child on the date of the commission of the offense. The age is to be determined by an inquiry if such a claim is made.

Given that A was born on March 31, 2006, he turned 16 on March 31, 2022. Since the offense occurred on January 1, 2022, A was under 18 at that time. Therefore, according to the legal comprehension provided, A can indeed make a plea of juvenility because he was a child on the date of the offense.

The correct statement is: ‘A’ can raise the plea of juvenility since he was a child on the date of commission of the offense.

Answer 4

This question tests whether A qualifies as a child under the Juvenile Justice Act, 2015 by calculating A's age on the date of the offence, not on the date the plea is raised, and then applying that fact to each option.

1. Option 1 (A can raise the plea since he was a child on the date of commission of the offence): Since A attained the age of 16 only on March 31, 2022, A had not yet turned 16 on January 1, 2022, the date the offence is alleged to have occurred, meaning A was still under 18, and therefore a child as defined under the Act, on that date. The Act protects a person's status as a child based on their age when the offence was committed, so A is entitled to raise this plea.
2. Option 2 (A cannot be allowed to raise the plea): This is incorrect because nothing in Section 9 restricts the plea only to situations where the person is still a child at the time of trial, the relevant age is the age at the time of the offence, which A satisfies.
3. Option 3 (age on the date of trial is considered, not the date of the offence): This inverts the actual rule. Section 9(2) is explicit that the claim concerns whether the person was a child on the date of commission of the offence, and the proviso even allows the claim to be raised after final disposal of the case, precisely because it is the age at the time of the offence, not at any later stage, that matters.
4. Option 4 (All are true): Since Options 2 and 3 directly contradict the correct legal position, this cannot be correct.

Because A was under 18 years old on the date the offence is alleged to have been committed, A is entitled to raise the plea of juvenility, and the law measures childhood at the time of the offence rather than at the time of the claim or trial.

Therefore, the correct answer is A can raise the plea of juvenility since he was a child on the date of commission of the offence.

Answer 5

When a claim of juvenility is raised before a court under the framework of the Juvenile Justice Act, 2015, the procedure outlined in Section 9(2) and (3) must be followed. According to these sections, if an individual accused of an offense claims to have been a child on the date of the offense, the court is mandated to conduct an inquiry. This inquiry involves taking necessary evidence—but not an affidavit—to ascertain the individual's age at the time of the offense. The process requires the court to determine and record a finding on the age of the person, ensuring it adheres to the Act's provisions.

Therefore, the statement that is true regarding the plea of juvenility is:

The Court shall take such evidence as it considers necessary and decide the age of the claimant.

This is confirmed by the requirement that the court must make an inquiry and consider evidence other than affidavits to determine the true age of the claimant in accordance with the rules set by the Act. Options such as relying solely on an affidavit or involving the collector of the district are not in alignment with the Act.

Answer 6

This question asks how a court must determine the age of someone claiming juvenility, and the answer depends on correctly recalling what Section 9(2) of the Juvenile Justice Act, 2015 permits and prohibits as proof.

1. Option 1 (decide based only on the claimant's affidavit): This is expressly excluded by the Act, Section 9(2) states that the court is to take such evidence as may be necessary but not an affidavit, meaning an affidavit alone can never be the sole basis for the court's finding on age.
2. Option 2 (enquiry conducted by the collector of the district): This describes a role that is not assigned to the collector under Section 9, the inquiry into age is one the court itself must conduct, not delegate to a district revenue officer.
3. Option 3 (Court shall take such evidence as it considers necessary and decide the age of the claimant): This accurately reflects Section 9(2), the court itself is required to make an inquiry, gather necessary evidence other than an affidavit, and record a finding on the person's age.
4. Option 4 (Both A and B are true): Since both A and B misstate the actual procedure, an affidavit is expressly excluded, and the collector has no such role, this combined option cannot be correct either.

Since the Act places the responsibility for inquiring into and determining age squarely on the court itself, using evidence beyond a bare affidavit, the accurate description of the procedure is Option 3.

Hence, the correct answer is The Court shall take such evidence as it considers necessary and decide the age of the claimant.

Answer 7

In the scenario where an individual claims to have been a child at the time of the alleged offence, it is crucial to understand the legal framework set forth by the Juvenile Justice Act, 2015. According to Section 9(2) and (3) of the Act, when such a claim is presented to a court other than a Juvenile Justice Board, the court must undertake a specific procedure:

• Inquiry and Evidence:The court is required to conduct an inquiry to ascertain the age of the individual as accurately as possible. This involves taking necessary evidence, excluding affidavits, to determine the person's age.
• Recording Findings:The court must then record its findings on the matter, clearly stating the age of the individual at the time the offence was committed.
• Recognizing the Claim:This claim can be recognized at any stage of the judicial process, even after the final disposal of the case. It should be assessed according to the provisions and rules of the Juvenile Justice Act, 2015, regardless of whether the person has ceased to be a child by the time the Act commenced.

If the court concludes that the individual committed the offence while being a child, the court is obligated by law to:

• Forward to the Juvenile Justice Board: The court must forward the matter to the Juvenile Justice Board for decision-making and to issue appropriate orders. This is to ensure that the case is handled in accordance with juvenile justice principles.
• Effect on Sentencing:If a verdict was previously passed by the court, it shall be rendered ineffective, as the case falls under the jurisdiction of the Juvenile Justice Board, which is empowered to make suitable decisions and orders regarding juveniles.

Given the scenario presented, the correct course of action based on legal stipulations is: The Court shall forward the matter to the Juvenile Justice Board for decision and appropriate orders.

Answer 8

This question describes a scenario where a court has already conducted the age inquiry under Section 9 and found that the accused was a child on the date of the offence, and it asks what the court must do next.

1. Option 1 (Court is bound to try the entire case and decide guilt itself): This is incorrect. Once a court finds that the accused was a child at the time of the offence, its jurisdiction to try the matter as an ordinary criminal case comes to an end, it cannot proceed to decide guilt itself.
2. Option 2 (a conviction order recording the finding of childhood is valid): This is also incorrect, and directly contrary to Section 9(3), which states that any sentence already passed by such a court is deemed to have no effect once the person is found to have been a child at the time of the offence, so a conviction order in these circumstances cannot stand as valid.
3. Option 3 (Court shall forward the matter to the Juvenile Justice Board for decision and appropriate orders): This matches Section 9(3) precisely, once age is determined and the person is found to have been a child, the court's role is to transfer the matter to the Board, which alone has jurisdiction to pass appropriate orders under the juvenile justice framework.
4. Option 4 (Court shall set the accused free): This is incorrect too, a finding of juvenility does not mean the case simply ends or the person walks free, it means the case is routed to the specialised forum, the Juvenile Justice Board, for it to deal with under the Act's rehabilitative scheme.

Since Section 9(3) is explicit that the ordinary court must transfer the matter once it finds the accused was a child, and that any earlier sentence loses effect, the only accurate description of the consequence is forwarding the case to the Board.

Therefore, the correct answer is The Court shall forward the matter to Juvenile Justice Board for decision and appropriate orders.

Answer 9

The Juvenile Justice Act, 2015, replaced the Juvenile Justice Act, 2000 and includes specific guidelines about the treatment of juveniles involved in legal wrongdoing. Understanding which category of children can be kept in special homes is crucial to this act.

The Act addresses various categories of children requiring care and protection, but special homes are specifically designated for "Children in Conflict with Law." These are children who have committed offenses and are therefore subject to legal proceedings. The Act ensures that such children are provided with the necessary guidance and rehabilitation to reintegrate into society. This is in line with the overarching objective of the juvenile justice system, which is reform and rehabilitation rather than punishment.

For clarity, "Children in Conflict with Law" refers to minors who have breached the law and require custodial care or legal supervision. In contrast, categories such as orphaned, abused, or neglected children typically fall under other protective measures provided by child care institutions or foster care systems under different provisions of the act.

Categories of Children	Placement
Orphaned children	Child care institutions/foster care
Abused children	Child care institutions/foster care
Neglected children	Child care institutions/foster care
Children in conflict with law	Special homes

In conclusion, under the Juvenile Justice Act, 2015, only "Children in Conflict with Law" are kept in special homes. This provision ensures that juveniles involved in legal conflicts are given adequate support and an opportunity for rehabilitation.

Answer 10

This question asks which category of children the Juvenile Justice Act, 2015 places in special homes specifically, as opposed to the other institutional arrangements the Act creates for different categories of children.

1. Orphaned children: Children without parents are categorised under the Act as children in need of care and protection, and are placed in child care institutions or through foster care and adoption mechanisms, not in special homes, which are reserved for a different category altogether.
2. Abused children: Similarly, children who have suffered abuse fall within the children in need of care and protection category and are directed toward child care institutions and rehabilitative support, not special homes.
3. Neglected children: Neglected children are also treated as children in need of care and protection under the Act, and receive institutional support through child care institutions rather than special homes.
4. Children in conflict with law: The Act specifically defines a special home as an institution for the reception and rehabilitation of children in conflict with law, those who have allegedly committed an offence, and who are dealt with under the Act's juvenile justice process rather than as children needing general care and protection.

The Act draws a clear structural distinction between two categories, children needing care and protection, who go to child care institutions, and children in conflict with law, who go to special homes, and only the fourth option falls into the latter category.

Hence, the correct answer is Children in conflict with law.

Answer 11

In the Juvenile Justice Act, 2015, the term 'Orphan' is defined to include various scenarios regarding a child's guardianship.

• A child who is without a biological parent: This refers to a situation where the child's natural parents are absent due to various reasons such as death or abandonment.
• A child who is without an adoptive parent: This indicates a child who does not have parents because they have not been officially adopted by anyone.
• A child who is without a legal guardian: This states that the child lacks any legally appointed individual responsible for their care.

Considering these points, the correct answer to the question is:

All the above

This implies that the term 'Orphan' within the context of the Juvenile Justice Act, 2015, encompasses any child who does not have a biological parent, an adoptive parent, or a legal guardian.

Answer 12

This question asks for the statutory definition of orphan under the Juvenile Justice Act, 2015, and testing each option against the actual definition shows why the combined option is correct.

1. A child without a biological parent: This is one limb of the Act's definition, covering children whose natural parents are deceased or otherwise unable to be identified or located.
2. A child without an adoptive parent: This is a second limb, covering a child who, even where biological parentage is not the deciding factor, also has no adoptive parent to care for them.
3. A child without a legal guardian: This is the third limb, covering a child who additionally has no legally appointed guardian responsible for their care.
4. All the above: The Act's definition of orphan is deliberately broad and disjunctive, a child qualifies as an orphan if any of these forms of parental or guardianship support is absent, so the combined option correctly captures the full definition rather than limiting it to only biological parentage.

Since the statutory definition is built to cover a child lacking a biological parent, an adoptive parent, or a legal guardian, rather than only one of these situations, the complete and accurate answer includes all three.

Therefore, the correct answer is All the above.