(1) Where a Board is satisfied on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of sixteen years has committed a heinous offence, then, notwithstanding anything contrary contained in any other law for the time being in force, and on the consideration of the social investigation report and circumstances of the case, the Board may, if it so thinks fit,—
(a) allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian;
(b) direct the child to participate in group counselling and similar activities;
(c) order the child to perform community service under the supervision of a designated person or an organisation;
(d) order the child or parents or the guardian of the child to pay fine:
Provided that, in case the child is working, it may be ensured that the provisions of any labour law in force are not violated;
(e) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person, on such parent, guardian or other fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and child's well-being for any period not exceeding three years;
(f) direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child's well-being for any period not exceeding three years;
(g) direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home.
(2) If an order is passed under clauses (a) to (g) of sub-section (1), the Board may, in addition to such order, pass an order to direct the child to attend school; or attend a vocational training centre; or attend a therapeutic centre; or be placed under the care of a fit person; or any other order as may be deemed fit.
(3) Where the Board after preliminary assessment under section 15 pass an order that there is a need for trial of the said child as an adult, then the Board may order transfer of the trial of the case to the Children's Court having jurisdiction to try such offences.
Legal Commentary & Landmark Judgments: Section 18
Section 18 of the Juvenile Justice Act, 2015 delineates the comprehensive array of non-punitive, reformative, and developmental disposition orders that the Board may pass upon finding a child guilty of an offence.
Even for severe offences, institutional detention in a special home cannot exceed three years, reflecting the legislative philosophy of social reintegration.
Section 18 captures the rehabilitative core of the Juvenile Justice Act. It rejects retributive criminal penalties in favor of restorative mechanisms—admonition, community service, counseling, and probation. Even for severe offences, institutional detention in a special home cannot exceed three years, reflecting the legislative philosophy of social reintegration.