Section 24 JJ Act: Removal of disqualification on the finding of an offence

Section 24 of Juvenile Justice (Care and Protection of Children) Act, 2015: Removal of disqualification on the finding of an offence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Notwithstanding anything contained in any other law for the time being in force, a child who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attached to a conviction of an offence under such law.

(2) The Board shall make an order directing the police, or by the Children's court to its own registry that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or as the case may be.

Legal Commentary & Landmark Judgments: Section 24

Section 24 of the Juvenile Justice Act, 2015 grants complete statutory expungement of criminal records and removes all civil, educational, and employment disqualifications attaching to a juvenile finding of guilt.

Sub-Section (1) Provision: Sub-section (1) declares that notwithstanding anything contained in any other law, a child who has committed an offence and has been dealt with under this Act shall not suffer any disqualification attaching to a conviction of an offence under such law.
Statutory Threshold & Adjudication: This statutory immunity guarantees that juvenile adjudications can never be treated as a criminal conviction barring entry into public service, government employment, or professional careers.

Sub-section (2) directs the Board to pass an order directing police and court records relating to the child to be destroyed after the expiry of the period of appeal, or within the prescribed period, except in cases where a child aged sixteen to eighteen has been tried as an adult for a heinous offence under Section 18(3), in which case the records are maintained conditionally under strict confidentiality.

Key Landmark Precedents:

Union of India v. Ramesh Bishnoi, (2019) 15 SCC 582: The Supreme Court held that a finding recorded against a juvenile under the Juvenile Justice Act cannot be made a ground to deny public employment or police appointment, ruling that Section 24 completely obliterates the conviction and prevents it from tainting the applicant's record.
Avtar Singh v. Union of India, (2016) 8 SCC 471: The Supreme Court recognized that juvenile adjudications enjoy special statutory protection under Section 24, shielding candidates from adverse consequences during background verification.

Legal Commentary:

Section 24 is the legislative embodiment of the 'right to a fresh start' codified in Section 3(xiv). By expunging the record and barring disqualifications, the law ensures that mistakes made during childhood do not become life-long civil disabilities, allowing reformed youth to pursue public employment and reintegrate fully into society.

Section 24: Removal of disqualification on the finding of an offence

Section 24 of Juvenile Justice (Care and Protection of Children) Act, 2015: Removal of disqualification on the finding of an offence

Legal Commentary & Landmark Judgments: Section 24