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Juvenile Justice Act, 1986 [Repealed] Chapter I - Bare Act

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Section TitlePreliminary
Act Info:

(1) This Act may be called the Juvenile Justice Act, 1986.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States.

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1. Enforced w.e.f. 2nd October, 1987, vide G.S.R. 710(E), dated 13th August, 1987.


Section 1 - Short title, extent and commencement

(1) This Act may be called the Juvenile Justice Act, 1986.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States.

___________________________

1. Enforced w.e.f. 2nd October, 1987, vide G.S.R. 710(E), dated 13th August, 1987.


Section 2 - Definitions

In this Act, unless the context otherwise requires, --

(a) "begging" means --

(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise;

(ii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;

(iii) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms ; -

(b) "Board" means a Juvenile Welfare Board constituted under Sec. 4;

(c) "brothel", "prostitute", "prostitution" and "public place" shall have the meanings respectively assigned to them in the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956);

(d) "competent authority" means, in relation to neglected juveniles, a Board and, in relation to delinquent juveniles, a Juvenile Court and where no such Board or Juvenile Court has been constituted, includes any Court empowered under sub-section (2) of Sec. 7 to exercise the powers conferred on a Board or Juvenile Court;

(e) "delinquent juvenile" means a juvenile who has been found to have committed an offence;

(f) "fit person" or "fit institution" means any person or institution (not being a police station or jail) found fit by the competent authority to receive and take care of a juvenile entrusted to his or its care and protection on the terms and conditions specified by the competent authority;

(g) "guardian" in relation to a juvenile, includes any person who, in the opinion of the competent authority, having cognizance of any proceeding in relation to a juvenile, has for the time being, the actual charge of, or control over, that juvenile;

(h) "juvenile" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years;

(i) "juvenile Court" means a Court constituted under Sec. 5 ; (j) "juvenile home" means an institution established or certified by the State Government under Sec. 9 as a Juvenile home;

(k) "narcotic drug" and "psychotropic substance" shall have the meanings respectively assigned to them in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) ;

(l) "neglected juvenile" means juvenile who--

(i) is found begging ; or

(ii) is found without having any home or settled place of abode and without any ostensible means of subsistence and is destitute ;

(iii) has a parent or guardian who is unfit or incapacitated to exercise control over the juvenile; or

(iv) lives in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leads an immoral, drunken or depraved life ;

(v) who is being or is likely to be abused or exploited for immoral or illegal purposes or unconscionable gain;

(m) "observation home" means any institution or place established or recognised by the State Government under Sec. 11 as an observation home ;

(n) "offence" means an offence punishable under any law for the time being in force ;

(o) "place of safely" means any place or institution (not being a police station or jail), the person in charge of which is willing temporarily to receive and take care of a juvenile and which, in the opinion of the competent authority may be a place of safety for the juvenile ;

(p) "prescribed" means prescribed by rules made under this Act;

(q) "probation officer" means an officer appointed as a probation officer under this Act or under the Probation of Offenders Act, 1958 (20 of 1958);

(r) "special home" means an institution established or certified by the State Government under Sec. 10 ;

(s) "supervision", in relation to a juvenile placed under the care of any parent, guardian or other fit person or fit Institution under this Act, means the supervision of that juvenile by a probation officer for the purpose of ensuring that the juvenile is properly looked after and that the conditions imposed by the competent authority are complied with ;

(t) all words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1973 (2 of 1974), shall have the meanings respectively assigned to them in that Code.


Section 3 - Continuation of inquiry in respect of juvenile who has ceased to be a juvenile

Where an inquiry has been initiated against a juvenile and during the course of such inquiry the juvenile ceases to be such, then, notwithstanding anything contained in this Act or in any other law for the time being in force, inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a juvenile.





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