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Section 1: Short title, extent, commencement and application

Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide

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All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 2

Legal Commentary & Landmark Judgments: Section 1

Section 1 of the Juvenile Justice (Care and Protection of Children) Act, 2015 defines the short title, territorial extent, commencement, and overarching application of the Act, establishing a child-friendly, rights-based protective framework for children in conflict with law and children in need of care and protection.

  • Universal National Territorial Extent: Extends across the entire territory of India, applying uniformly to all children below the age of eighteen years within the jurisdiction.
  • Comprehensive Child-Centric Applicability: Applies to all matters involving children in conflict with law and children in need of care and protection, overriding conflicting provisions in other penal or procedural enactments.
  • Constitutional & International Human Rights Anchorage: Operationalizes constitutional guarantees under Articles 15(3), 21, and 39(e)-(f), and domesticates the UN Convention on the Rights of the Child (UNCRC), 1989.
Key Landmark Precedents:
  • Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Supreme Court affirmed that juvenile justice legislation is beneficial socio-legal enactments designed to reform, rehabilitate, and reintegrate youth rather than impose retributive punishment.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court issued comprehensive directions for the strict nationwide implementation of the JJ Act, 2015, mandating fully functional Child Welfare Committees, Juvenile Justice Boards, and registered Child Care Institutions.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Supreme Court held that the provisions of the Juvenile Justice Act are secular, progressive, and available to all citizens irrespective of religious or community personal laws.
Courtroom Practice & Strategic Litigation Guidance:

In any criminal trial or police investigation involving an accused alleged to be below eighteen years on the date of the offense, immediately invoke Section 1(4) to compel transfer of proceedings to the Juvenile Justice Board, asserting non-derogable statutory primacy.

All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 2