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Section 110: Power to make rules

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

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Section 109 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 111

Legal Commentary & Landmark Judgments: Section 110

Section 110 of the Act empowers the State Government to make rules to carry out the purposes of the Act, establishing delegated legislative authority to prescribe procedural rules for JJBs, CWCs, CCIs, and foster care programs.

  • State Delegated Rule-Making Authority: Empowers State Governments to prescribe detailed procedural rules governing CWC allowances, inspection checklists, nutrition standards, and foster care grants.
  • Model Rules by Central Government: Provides that the Central Government shall frame Model Rules, which shall govern until State Governments formally notify their own customized State Rules.
  • Requirement of Official Gazette Publication: Requires all State Juvenile Justice Rules to be formally notified in the State Official Gazette to attain legal enforceability.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court directed all State Governments to notify comprehensive State Juvenile Justice Rules under Section 110 in alignment with the Central Model Rules, 2016.
  • Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Supreme Court affirmed that procedural rules framed under juvenile justice legislation have binding statutory force and must be construed liberally to advance child welfare.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Affirmed the binding character of delegated juvenile justice rules.
Courtroom Practice & Strategic Litigation Guidance:

In juvenile litigation, always consult both the Central Model Rules, 2016 and the specific State Juvenile Justice Rules enacted under Section 110; where a State has not notified state rules, the Central Model Rules govern conclusively.

Section 109 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 111