Child Welfare Committee (ss.27–30 JJ Act) — BNSS (Criminal Law II) Notes

Child Welfare Committee (ss.27–30 JJ Act)

The Child Welfare Committee is the guardian of last resort — the body the State empowers to make life-shaping decisions for a child who has no one else: where he lives, who cares for him, whether he is freed for adoption. It is the CNCP’s counterpart to the JJB.

Constitution (s.27). The State constitutes a CWC for each district, consisting of a Chairperson and four members, of whom at least one shall be a woman and one an expert on matters concerning children. Members must have experience in health, education or welfare of children.
Powers — a Bench of a Magistrate (s.27(9)). The Committee has the powers of a Metropolitan/Judicial Magistrate of the first class for the purpose of disposal of cases.
Functions (s.30). To take cognizance of and receive children produced before it; to conduct inquiry on the care, protection and rehabilitation of the child; to direct placement (home, foster care, sponsorship); to declare a child legally free for adoption; to ensure restoration; and to monitor institutions.
Sittings (s.28). The Committee meets at least 20 days a month in child-friendly premises.

🧩 WORKED EXAMPLE — declaring a child free for adoption

Facts. An abandoned infant, after inquiry, has no traceable family.

Rule. The CWC, exercising the powers of a first-class Magistrate (s.27(9)), may after due inquiry declare the child legally free for adoption (s.38) and direct placement.

Apply. The CWC’s declaration is the gateway to the adoption process for a child with no family.

Conclusion. The CWC’s decision determines the child’s future care — the reason its composition and safeguards matter.

Section 27(1) JJ Act, 2015: “The State Government shall by notification… constitute for every district, one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection…”

In Simple Terms: Every district has a Child Welfare Committee empowered to decide the care and protection of vulnerable children.

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    ROOT --> B["Powers of a 1st-class Magistrate s.27(9)"]:::leaf
    ROOT --> C["Functions s.30: receive child, inquiry,<br/>placement, free for adoption, restoration"]:::leaf
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Case Laws

Sampurna Behura v. Union of India (2018) — CWCs must be properly constituted and functional in every district.

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