Section 103: Procedure in inquiries, appeals and revision proceedings

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015

Legal Commentary & Landmark Judgments: Section 103

Section 103 of the Act defines the procedure in inquiries, appeals, and revision proceedings under the Act, providing that authorities shall follow the procedure of the Code of Criminal Procedure, 1973, subject to child-friendly modifications.

  • Application of CrPC Procedure with Child-Friendly Adaptations: Applies the procedural framework of the Code of Criminal Procedure / BNSS to inquiries, appeals, and revisions, modified to ensure a non-adversarial, child-friendly atmosphere.
  • Prohibition of Formal Court Attire & Handcuffs: Strictly bars police and magistrates from wearing uniforms or using handcuffs, ropes, or police batons in the presence of the child.
  • Active Procedural Protections for Children: Obligates the authority to explain all questions in simple language and allow parents or legal aid counsel to be seated beside the child.
Key Landmark Precedents:
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Supreme Court strictly prohibited the handcuffing or fettering of children, holding that subjecting children to visible instruments of restraint violates Article 21.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court directed all JJBs and Children's Courts to maintain child-friendly, informal courtrooms conforming to Section 103.
  • Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Affirmed that procedural rules under the JJ Act must always be interpreted to advance child dignity.
Courtroom Practice & Strategic Litigation Guidance:

If police bring a minor to the JJB in handcuffs or in uniform, immediately record a formal protest on the order-sheet; the Principal Magistrate is legally obligated under Section 103 to remove the handcuffs and issue a show-cause notice to the escort police.