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Section 100: Protection of action taken in good faith

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

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Act 2015
Section 99 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 101

Legal Commentary & Landmark Judgments: Section 100

Section 100 of the Act provides statutory protection of action taken in good faith, conferring immunity on the Central Government, State Governments, JJBs, CWCs, and officers for anything done in good faith under the Act.

  • Statutory Good Faith Immunity Shield: Protects JJB magistrates, CWC members, Child Welfare Police Officers, and DCPU staff from malicious prosecution or civil damages suits.
  • Requirement of Bona Fide Discharge of Duties: Requires that the official act must be performed honestly and in good faith to protect child welfare, free from proven malice or corruption.
  • Preservation of Constitutional Certiorari Review: Does not bar High Courts from exercising Article 226 supervisory jurisdiction to quash arbitrary or ultra vires custody orders.
Key Landmark Precedents:
  • State of Maharashtra v. B.K. Takkamore AIR 1967 SC 1353: Supreme Court affirmed that good-faith statutory immunity enables child welfare officers to take bold emergency protective actions without fear of vexatious personal litigation.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Affirmed that statutory officers acting bona fide to protect vulnerable children are shielded from civil damages actions.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed the legal protection accorded to bona fide child welfare interventions.
Courtroom Practice & Strategic Litigation Guidance:

In challenging unlawful CWC custody decisions, frame the petition as a writ of certiorari or statutory appeal under Section 101 challenging lack of jurisdiction; do not file private damages suits against individual CWC members barred by Section 100.

Section 99 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 101