In Indian jurisprudence, a juvenile case involves any individual who has not completed 18 years of age on the date the alleged offense was committed.
Litigation concerning minors is governed exclusively by the Juvenile Justice (Care and Protection of Children) Act, 2015 (extensively updated by the 2021 Amendment Act).
Standard criminal courts (like the Magistrates or Sessions Courts) do not possess the jurisdiction to try a child under 18 years. Instead, specialized bodies handle juvenile matters:
Juvenile Justice Board (JJB): A quasi-judicial body constituted for every district. It consists of a Principal Magistrate (a Judicial Magistrate First Class) and two social workers (at least one being a woman). The JJB handles all cases involving children in conflict with the law.
Child Welfare Committee (CWC): A separate specialized district panel that specifically handles children who are neglected, abandoned, abused, or otherwise in need of safety and institutional care.
The JJ Act divides offenses into three distinct categories to streamline the inquiry process and determine accountability:
| Category | Definition & Scope | Maximum Retention Period in a Special Home |
| Petty Offenses | Crimes where the maximum punishment under the law is imprisonment up to 3 years. | Up to 3 years (focused strictly on community service or counseling). |
| Serious Offenses | Offenses carrying an imprisonment term between 3 and 7 years (and includes offenses carrying a max term above 7 years but with no minimum limit specified). | Up to 3 years in a reformative Special Home. |
| Heinous Offenses | High-gravity crimes where the minimum punishment under the law is imprisonment for 7 years or more. | Subject to a preliminary mental and physical assessment by the JJB. |
Following specific legislative updates, an exception exists for older adolescents:
Preliminary Assessment (Section 15): If a child between the age group of 16 to 18 years is accused of committing a heinous offense, the JJB is legally mandated to conduct a preliminary assessment.
This evaluation checks the minor's mental and physical capacity to commit the crime, their ability to understand the consequences, and the exact circumstances of the offense.
If the JJB concludes that the child possessed adult-like maturity and intent, it can transfer the case to a specialized Children's Court (a designated Sessions Court) where the child can be tried as an adult.
The BNSS (criminal procedure framework) and the JJ Act introduce non-negotiable protections for a minor during the inquiry:
No Police Lockup or Jail: A child can never be kept in a regular police lockup or sent to an adult prison. Upon apprehension, they must be placed under the care of the Special Juvenile Police Unit (SJPU) or a designated Child Welfare Police Officer and produced before the JJB within 24 hours.
Baseline Right to Bail (Section 12): A child in conflict with the law is ordinarily entitled to bail as a matter of standard procedure, irrespective of whether the offense is bailable or non-bailable under normal law. Bail can only be denied if their release would bring them into association with known criminals or expose them to moral danger.
Informal Environment: The JJB does not operate like a traditional courtroom. The lawyers and judges wear standard civil clothes (not uniforms/robes), and the atmosphere is kept completely non-intimidating.
Absolute Privacy Protection: Media, police, or court documents are strictly prohibited from publishing the name, address, school, or photograph of the minor to shield them from lifelong stigma.
No Disqualification: A past conviction or finding of an offense by the JJB is completely erased from records once the child turns 18, ensuring that their past mistakes do not disqualify them from future employment or civic opportunities.
The High Court exercises vital revisionary and appellate powers over juvenile litigation:
Appeals (Section 101): Any individual aggrieved by a decision of the JJB or the Children’s Court can file a statutory appeal.
Age Determination Disputes: High Court litigation frequently centers around verifying the genuine age of the accused at the exact time of the offense. The court relies on strict statutory proof hierarchy (Matriculation Certificate, followed by Municipal Birth Records, and if neither is available, an official Ossification/Bone Age Test).