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Section 22: Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against child

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

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Act 2015
Section 21 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 23

Legal Commentary & Landmark Judgments: Section 22

Section 22 of the Act explicitly prohibits the initiation or continuation of proceedings under Chapter VIII of the Code of Criminal Procedure (security for keeping the peace and for good behavior) against any child, preventing preventive detention of minors.

  • Absolute Statutory Prohibition on Preventive Detention: Bars Executive Magistrates and police authorities from issuing notices under Sections 107, 108, 109, or 110 of the CrPC / BNSS against any person below eighteen years.
  • Protection Against Police Vagrancy Profiling: Prevents law enforcement from arresting homeless, impoverished, or street children under preventive detention chapters or anti-beggary laws.
  • Automatic Invalidation of Peace Bonds: Declares any bond, surety, or preventive detention order executed by a child under Chapter VIII CrPC to be void ab initio.
Key Landmark Precedents:
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Supreme Court strictly prohibited the preventive arrest and detention of children under general criminal and police statutes, holding it violative of Articles 21 and 24.
  • People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235: Affirmed that children from impoverished backgrounds cannot be treated as habitual offenders or subjected to security proceedings.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court reiterated that children must never be subjected to preventive security proceedings under Chapter VIII CrPC.
Courtroom Practice & Strategic Litigation Guidance:

If local police or an Executive Magistrate issues a Section 107/111 CrPC show-cause notice against a juvenile, file an immediate quashing petition before the High Court citing the absolute statutory bar of Section 22; such proceedings are ultra vires.

Section 21 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 23