Home  /  Juvenile Justice (Care and Protection of Children) Act, 2015  /  Section 17

Section 17: Orders regarding a child not found to be in child in conflict with law

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015
Section 16 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 18

Legal Commentary & Landmark Judgments: Section 17

Section 17 of the Act empowers the Board to pass orders regarding a child not found to be a child in conflict with law, requiring immediate discharge where the allegations are unsubstantiated or referring the child to the CWC if in need of care.

  • Immediate Discharge Upon Lack of Evidence: Obligates the Board to declare that the child is not in conflict with law and discharge the child immediately where allegations are unfounded or unsubstantiated.
  • Referral to Child Welfare Committee (CWC): Authorizes the Board to transfer the child to the CWC if the inquiry reveals that the child, though not in conflict with law, is neglected, destitute, or in need of care and protection.
  • Expunging of Police Records: Directs that upon discharge, all police apprehension memos and fingerprint records shall be destroyed to eliminate any stigma.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court affirmed that children falsely implicated or found innocent must be rehabilitated and protected from the stigma of criminal proceedings.
  • Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Affirmed that juvenile justice requires swift exoneration and social reintegration where criminal charges fail.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed the duty of juvenile justice authorities to protect wrongfully apprehended children from institutional trauma.
Courtroom Practice & Strategic Litigation Guidance:

When cross-examination of prosecution witnesses reveals lack of credible evidence, move for immediate discharge under Section 17 rather than waiting for formal final arguments, preserving the child's psychological well-being.

Section 16 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 18