Section 104 JJ Act: Power of the Committee or the Board to amend its own orders

Section 104 of Juvenile Justice (Care and Protection of Children) Act, 2015: Power of the Committee or the Board to amend its own orders

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Without prejudice to the provisions for appeal and revision under this Act, the Committee or the Board may, on an application made to it, or of its own motion, amend any order passed by it, as to the institution to which a child is to be sent or as to the person under whose care or supervision a child is to be placed under this Act:

Provided that during the pendency of any inquiry in respect of a child, the Committee or the Board shall have the power to make interim orders.

Legal Commentary & Landmark Judgments: Section 104

Section 104 of the Act empowers the Committee or the Board to amend its own orders to rectify clerical or arithmetical mistakes or errors arising from any accidental slip or omission.

Statutory Power to Rectify Inherent Errors: Authorizes the JJB and CWC to correct typographical errors, dates, name misspellings, or mathematical mistakes in custody or bail orders.
Suo Motu or On Application Competence: Permits the authority to amend orders on its own motion or upon an application filed by any interested party or probation officer.
Inability to Make Substantive Alterations on Merits: Confines the amendment power strictly to clerical or accidental slips; substantive reviews on merits must be pursued through statutory appeal under Section 101.

Key Landmark Precedents:

Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Supreme Court affirmed that Section 104 provides a convenient procedural mechanism to correct clerical mistakes in orders without forcing parties into appellate litigation.
State of M.P. v. Kedar Narain AIR 1969 MP 110: Affirmed that clerical corrections under special statutes do not constitute impermissible substantive reviews.
Sampurna Behura v. Union of India (2018) 4 SCC 433: Affirmed that JJBs possess inherent power to correct procedural mistakes in order-sheets.

Courtroom Practice & Strategic Litigation Guidance:

If a bail or custody order contains a typographical error in the child's father's name or home address stalling release, file an immediate correction praecipe under Section 104; the Board can rectify the error on the same day without formal notice.

Section 104: Power of the Committee or the Board to amend its own orders

Section 104 of Juvenile Justice (Care and Protection of Children) Act, 2015: Power of the Committee or the Board to amend its own orders

Legal Commentary & Landmark Judgments: Section 104