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Section 13: Information to parents, guardian or probation officer

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

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Act 2015
Section 12 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 14

Legal Commentary & Landmark Judgments: Section 13

Section 13 of the Act mandates immediate information to parents, guardians, and the Probation Officer upon the apprehension of a child in conflict with law, requiring the Special Juvenile Police Unit (SJPU) to ensure parental presence and prompt social investigation.

  • Mandatory Immediate Notice to Parents: Obligates the police officer apprehending a child to inform the child's parent or guardian immediately, directing them to be present before the Board upon production.
  • Mandatory Notice to Probation Officer: Requires immediate notification to the Probation Officer or Child Welfare Officer to prepare the Social Investigation Report (SIR) within two weeks.
  • Protection Against Coercive Custodial Interrogation: Strictly prohibits keeping a child in police lockup or adult custody, requiring placement in an observation home if the Board is not sitting.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court held that informing parents and the Probation Officer immediately upon apprehension is a mandatory statutory safeguard protecting children from illegal detention and torture.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that prompt involvement of the Probation Officer is vital to uncover the socio-economic causes underlying juvenile delinquency.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Landmark ruling: Supreme Court strictly banned detaining children in adult police lockups and mandated immediate access to parents and legal aid.
Courtroom Practice & Strategic Litigation Guidance:

If police apprehend a minor without notifying parents or fail to request a Social Investigation Report from the Probation Officer under Section 13, raise an immediate objection before the Principal Magistrate demanding an inquiry into illegal police detention.

Section 12 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 14