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Section 105: Juvenile justice fund

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

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Act 2015
Section 104 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 106

Legal Commentary & Landmark Judgments: Section 105

Section 105 of the Act mandates the creation of the Juvenile Justice Fund by the State Government, dedicated exclusively to the welfare, rehabilitation, legal aid, and tertiary healthcare of children covered under the Act.

  • Dedicated State Juvenile Justice Fund: Obligates every State Government to create a non-lapsable fund to finance child rehabilitation, vocational training, and foster care allowances.
  • Funding Sources Architecture: Aggregates resources from state budgetary grants, voluntary public donations, and fines realized under Chapter IX offenses.
  • Administration by Management Committee: Requires the fund to be managed by a specialized management committee ensuring direct benefit delivery without bureaucratic diversion.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court directed all State Governments to establish and properly capitalize the Juvenile Justice Fund under Section 105, holding that lack of funds cannot be an excuse for denying child welfare.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Supreme Court affirmed that dedicated statutory funds are essential to finance independent child rescue operations and emergency medical care.
  • Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Affirmed that state welfare funds must directly support victim compensation for rescued minors.
Courtroom Practice & Strategic Litigation Guidance:

When a destitute child in custody requires emergency specialized surgery or legal representation not covered by legal aid, petition the JJB or CWC to disburse emergency financial assistance directly from the Section 105 Juvenile Justice Fund.

Section 104 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 106