Juvenile Justice Board (ss.4–9 JJ Act) — BNSS (Criminal Law II) Notes

Juvenile Justice Board (ss.4–9 JJ Act)

A child accused of an offence does not face a judge in a black robe across a crowded courtroom. He faces the Juvenile Justice Board — a bench of one magistrate and two social workers, sitting in a child-friendly room, whose goal is not to punish but to set the child right.

Composition (s.4). In every district the State constitutes a JJB consisting of a Principal Magistrate (a Metropolitan or Judicial Magistrate of the first class, with at least three years’ experience) and two social workers, of whom at least one shall be a woman. The Magistrate must have special knowledge/training in child psychology or welfare.
Sittings and place (s.7). The Board sits in a child-friendly premises, not a regular court.
Powers and functions (s.8). To conduct the inquiry into offences by children; to ensure the child’s rights (legal aid, interpreter, protection); to decide whether a 16–18-year-old in a heinous case should be tried as an adult (preliminary assessment); to pass final orders for the child’s rehabilitation; and to supervise homes.
No joint trial with an adult (s.23). A child alleged to be in conflict with law shall not be tried together with an adult.

⚠️ DON’T CONFUSE — JJB v. CWC

The Juvenile Justice Board (JJB) deals with a child in conflict with law (accused of an offence) — one Magistrate + two social workers, and holds an inquiry. The Child Welfare Committee (CWC) deals with a child in need of care and protection (abandoned, abused, destitute) — a chairperson + four members, and decides care and protection. JJB = the child who did something; CWC = the child something was done to.

🧩 WORKED EXAMPLE — child produced before the JJB

Facts. A 15-year-old is apprehended for theft and produced before the JJB.

Rule. The JJB (Magistrate + two social workers, one a woman) conducts a child-friendly inquiry under s.8, not an adult trial, and cannot try him with any adult co-accused (s.23).

Apply. The Board holds an inquiry focused on the child’s circumstances and rehabilitation.

Conclusion. The child is dealt with by the JJB’s reformative process, separate from the adult criminal courts.

Section 4(2) JJ Act, 2015: “A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class… and two social workers selected in such manner as may be prescribed, of whom at least one shall be a woman, forming a Bench…”

In Simple Terms: The Board is a three-member panel — one magistrate and two social workers, one of them a woman — that decides children’s cases.

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Case Laws

Hari Ram v. State of Rajasthan (2009) — the benefit of juvenility applies even to pending cases; the Board’s jurisdiction is protective.

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