India's Juvenile Justice (Care and Protection of Children) Act of 2015 (JJ Act) reflects a commitment to rehabilitation over punishment for children who come into conflict with the law. Section 18 is a cornerstone of this approach, guiding the Juvenile Justice Board (JJB) in making decisions that prioritize the child's well-being, rehabilitation, and successful reintegration into society.

Decoding Section 18 - Orders for Children in Conflict with the Law:

Section 18, found within Chapter IV of the JJ Act (dealing with procedures for children in conflict with the law), outlines the types of orders the JJB can issue after investigating a child's alleged involvement in an offence. The specific order depends on the nature of the offence.

Offence Categories:

Section 18 takes effect after the JJB determines the child's involvement in an offence. The severity of the offence dictates the next steps:

• Petty Offences: Minor infractions, usually punishable by imprisonment of up to 3 years.
• Serious Offences: More significant crimes, punishable by imprisonment between 3 and 7 years.
• Heinous Offences: The most severe crimes, punishable by imprisonment of 7 years or more.

For children under 16 who commit heinous offences, the JJB can still handle the case within the juvenile justice system. However, for children over 16, the JJB conducts a preliminary assessment (under Section 15) to decide if they should be tried as adults.

Reformative Actions Available to the JJB (Section 18(1)):

Considering the child's age, offence type, past behaviour, social investigation reports, and need for supervision, the JJB has several options:

• Admonition: Allowing the child to return home with a warning and counselling. Release of the child after advice and admonition was an option available under Section 3, Probation of Offenders Act, 1958 as well, where the child has been found guilty of an offence punishable with imprisonment (but not life imprisonment) for the first time.
• Group Counselling: Directing the child to participate in group counselling or similar activities.
• Community Service: Ordering supervised community service through a recognized organization.
• Fines: Imposing a fine on the child or their parents/guardian (ensuring child labour laws are not violated).
• Probation (with guardian): Releasing the child on probation for up to 3 years under the care of a parent, guardian, or suitable individual.
• Probation (with facility): Releasing the child on probation for a similar period under the supervision of a suitable facility (like a child care institution).
• Special Home Placement: Sending the child to a Special Home for up to 3 years for education, counselling, vocational training, psychiatric care, and behaviour modification. If a Special Home isn't suitable, the child may be sent to a Place of Safety.

Additional Directives (Section 18(2)):

The JJB can also issue supplementary orders, such as:

• Enrolling the child in school.
• Enrolling the child in a vocational training program.
• Referring the child to a therapeutic centre for psychological or psychiatric support.
• Prohibiting the child from visiting places that could have a negative influence.
• Requiring the child to undergo a de-addiction program if substance abuse is involved.

Transfer to Children's Court (Section 18(3)):

If, after a preliminary assessment (Section 15), the JJB believes a child over 16 should be tried as an adult, the case is transferred to the Children's Court. This ensures due process while prioritizing the child's rights and best interests.

Section 18 - In a Nutshell:

When a child commits an offence, the JJB doesn't automatically treat them like an adult criminal. Instead, based on the offence, age, and individual circumstances, the child may:

• Receive a warning and be sent home.
• Participate in counselling or community service.
• Be placed on probation with a guardian or suitable facility.
• Be sent to a Special Home for rehabilitation.
• Receive education, skill development, or medical care.
• Have restrictions placed on their activities or habits.
• In rare cases, be transferred to a Children's Court for adult trial (after a thorough assessment).

Rehabilitative Justice - The Heart of Section 18:

Section 18 recognizes the fundamental differences between children and adults in terms of maturity, potential for reform, and social circumstances. It prioritizes protection, rehabilitation, and reintegration over punishment, aligning with international standards like the UN Convention on the Rights of the Child (UNCRC).

Challenges in Practice:

• Lack of Awareness: Insufficient understanding among stakeholders (police, probation officers, judiciary).
• Inadequate Infrastructure: Limited resources for special homes, therapeutic centres, and vocational training.
• Social Stigma: Discrimination faced by children after leaving the system.
• Delays: Slow assessments and proceedings due to a shortage of trained personnel.

Case Laws:

• In the case of Barun Chandra Thakur v. State of Haryana, also known as the Gurugram School Murder case, the Supreme Court, in [(2022) 1 SCC 285], tackled the important matter of transferring a case involving a child aged 16 or older to be tried as an adult. The court focused on Section 18(3) in conjunction with Section 15 of the Juvenile Justice Act, underscoring that the preliminary assessment required by Section 15 must be a substantial and complete evaluation, rather than a superficial exercise. Specifically, the court ruled that any decision by the Juvenile Justice Board to transfer a case under Section 18(3) requires a detailed assessment of the child's mental and physical maturity, their ability to understand the consequences of their actions, and the circumstances surrounding the crime. The court further emphasized that the Children's Court has a separate and obligatory responsibility to independently decide whether trying the child as an adult is justified.
   
• In the case of Shilpa Mittal v. State (NCT of Delhi) and Anr. [(2020) 2 SCC 787], the Supreme Court of India laid down the criteria for classifying an offence as "heinous" under the Juvenile Justice Act. The court clarified that for a crime to be considered heinous, the minimum punishment prescribed must be seven years or more. If the minimum sentence is less than seven years, even if the maximum sentence exceeds this limit, the offence cannot be classified as heinous. This ruling was made in the context of preliminary assessment and transfer to the Children's Court under Section 18(3) of the Act. By upholding the rehabilitative principles of the juvenile justice system, the court prevented the unnecessary transfer of children to the adult criminal justice system.

Conclusion:
Section 18 of the Juvenile Justice Act represents a progressive step forward, granting the Juvenile Justice Board (JJB) the crucial authority to prioritize restorative justice approaches for children in conflict with the law. The true potential of this provision lies in its holistic and effective implementation. This necessitates comprehensive training programs for all stakeholders, including JJB members, social workers, and law enforcement officials, to foster a deeper understanding of restorative principles. Equally vital is the development of robust infrastructure, encompassing specialized homes and counselling centres, to provide adequate support and rehabilitation services.

Furthermore, fostering strong collaboration between various government departments, NGOs, and community-based organizations is essential for creating a supportive ecosystem. Ultimately, the success of Section 18 hinges on active community involvement, fostering acceptance and facilitating the reintegration of these children back into society, ensuring that every child is afforded a just opportunity for reform, rehabilitation, and a productive life.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: imranwahab216@gmail.com, Ph no: 9836576565