Act Number: 2

Act Name: The Juvenile Justice (Care and Protection of Children) Act, 2015.

Year: 2016

Enactment Date: 2015-12-31

Long Title: An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto.

Ministry: Ministry of Women and Child Development

Department:

Section 15: Preliminary assessment into heinous offences by Board.
    (1) In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, and may pass an order in accordance with the provisions of sub-section (3) of section 18:
     Provided that for such an assessment, the Board may take the assistance of experienced psychologists or psycho-social workers or other experts.
     Explanation.—For the purposes of this section, it is clarified that preliminary assessment is not a trial, but is to assess the capacity of such child to commit and understand the consequences of the alleged offence.
     (2) Where the Board is satisfied on preliminary assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under the Code of Criminal Procedure, 1973 (2 of 1974):
     Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) of section 101:
     Provided further that the assessment under this section shall be completed within the period specified in section 14.
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