Juvenile Justice Amendment Act: India

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THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDMENT ACT, 2006 No. 33 of 2006 [22nd August, 2006.] An Act to amend the Juvenile Justice (Care and Protection of Children) Act, 2000. Be it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:— 1. Short title.- This Act may be called the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006. 2. Amendment of long title. - In the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the principal Act), in the long title, for the words “through various institutions established under this enactment”, the words “and for matters connected therewith or incidental thereto” shall be substituted. 3. Amendment of section 1. - In section 1 of the principal Act,— (i) in the marginal heading, for the words “and commencement”, the words “, commencement and application” shall be substituted; (ii) after sub-section (3), the following sub-section shall be inserted, namely:— “(4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all cases involving detention, prosecution, penalty or sentence of imprisonment of juveniles in conflict with law under such other law.”. 4. Amendment of section 2.- In section 2 of the principal Act,— (i) after clause (a), the following clause shall be inserted, namely:— ‘(aa) “adoption” means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship;’; (ii) in clause (d),— (I) after sub-clause (i), the following sub-clause shall be inserted, namely:— “(ia) who is found begging, or who is either a street child or a working child,”; (II) in sub-clause (v), after the word ‘abandoned’, the words ‘or surrendered’ shall be inserted; (iii) in clause (h), for the words “competent authority”, the words “State Government on the recommendation of the competent authority” shall be substituted; (iv) for clause (l), the following clause shall be substituted, namely:— ‘(l) “juvenile in conflict with law” means a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence;’; (v) clause (m) shall be omitted. 5. Omission of certain expressions.- Throughout the principal Act, the words “local authority”, “or local authority” and “or the local authority”, wherever they occur, shall be omitted. Collected by the All India Christian Council, www.christiancouncil.in Page 1 of 6

6. Amendment of section 4.- In section 4 of the principal Act, in sub-section (1), for the words “by notification in the Official Gazette, constitute for a district or a group of districts specified in the notification”, the words “within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, by notification in the Official Gazette, constitute for every district” shall be substituted. 7. Amendment of section 6.- In section 6 of the principal Act, in sub-section (1), the words “or a group of districts” shall be omitted. 8. Insertion of new section 7A.- After section 7 of the principal Act, the following section shall be inserted, namely:— “7A.Procedure to be followed when claim of juvenility is raised before any court.- (1) Whenever a claim of juvenility is raised before any court or a court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be: Provided that a claim of juvenility may be raised before any court and it...
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