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Section 16: Review of pendency of inquiry

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

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Act 2015
Section 15 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 17

Legal Commentary & Landmark Judgments: Section 16

Section 16 of the Act mandates periodic review of pendency of inquiries before the Juvenile Justice Board, prescribing quarterly pendency reviews by the Chief Judicial Magistrate / Chief Metropolitan Magistrate and setting a strict four-month timeline for concluding inquiries.

  • Strict Four-Month Statutory Inquiry Deadline: Requires the Board to conclude inquiries within four months from the date of the child's first production, extendable by up to two months for petty or serious offenses.
  • Automatic Termination of Proceedings for Petty Offenses: Provides that if an inquiry concerning a petty offense remains inconclusive beyond six months, the proceedings before the Board shall automatically terminate.
  • Quarterly Judicial Pendency Reviews: Mandates that the CJM/CMM shall review the pendency of JJB inquiries once every three months, issuing directions to expedite disposal.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court held that the four-month inquiry timeline in Section 16 is mandatory, designed to protect children from protracted trial trauma that impairs childhood development.
  • Barun Chandra Thakur v. Master Bholu (2022) SCC OnLine SC 870: Supreme Court highlighted that procedural delays in juvenile proceedings undermine the reformative philosophy of the Act.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Supreme Court affirmed that speedy inquiry is a fundamental constitutional right of children under Article 21.
Courtroom Practice & Strategic Litigation Guidance:

In petty offense inquiries exceeding six months, file a formal closure application under Section 16(4); the statutory language is mandatory, requiring the Board to terminate proceedings immediately without proceeding to trial.

Section 15 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 17