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Section 11: Role of person in whose charge child in conflict with law is placed

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

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Act 2015
Section 10 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 12

Legal Commentary & Landmark Judgments: Section 11

Section 11 of the Act defines the role and legal responsibilities of the person or fit facility in whose charge a child in conflict with law is placed, vesting them with statutory parental responsibility for the child's maintenance, education, and moral development.

  • Statutory Parental Responsibility: Vests the appointed guardian or fit facility with full legal custody, making them responsible for the child's shelter, schooling, healthcare, and psychological counseling.
  • Supervision & Periodic Reporting to JJB: Obligates the custodian to submit regular compliance reports to the Probation Officer and the Board regarding the child's conduct and progress.
  • Prohibition Against Unilateral Custody Transfers: Strictly prohibits the appointed person or facility from transferring, releasing, or expelling the child without prior written authorization from the Board.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court held that fit facilities and appointed guardians must be carefully vetted and continuously monitored to prevent abuse and neglect of vulnerable children.
  • In Re: Exploitation of Children in Orphanages in State of Tamil Nadu (2017) 7 SCC 578: Supreme Court emphasized that institutions caring for children in conflict with law must maintain highest standards of safety, dignity, and education.
  • Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161: Affirmed that custodians of state-protected children carry an affirmative constitutional duty to protect them from exploitation under Article 21 and 23.
Courtroom Practice & Strategic Litigation Guidance:

When recommending a fit person or relative for interim custody under Section 11, file a detailed affidavit outlining stable domestic living conditions, enrollment in an accredited school, and willingness to cooperate with the Probation Officer's monthly visits.

Section 10 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 12