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Section 26: Provision with respect of run away child in conflict with law

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

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Act 2015
Section 25 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 27

Legal Commentary & Landmark Judgments: Section 26

Section 26 of the Act regulates the procedure regarding a runaway child in conflict with law, providing for the child's apprehension and immediate restoration to the institution or person from whose custody the child escaped.

  • Absence of Fresh Criminal Liability for Escaping: Explicitly clarifies that running away from a child care institution or place of safety does not constitute a separate criminal offense; no fresh penal FIR can be registered.
  • Restoration to Child Care Institution: Authorizes police officers to apprehend the runaway child and produce them before the Board within twenty-four hours for safe return to the institution.
  • Board Duty to Inquire into Underlying Institutional Abuse: Obligates the Board to conduct an inquiry into the reasons for the child's escape, investigating whether mistreatment, bullying, or sub-human conditions triggered the flight.
Key Landmark Precedents:
  • In Re: Exploitation of Children in Orphanages in State of Tamil Nadu (2017) 7 SCC 578: Supreme Court emphasized that children who escape from institutions are often fleeing physical abuse or psychological distress, directing authorities to reform institutional care rather than penalize escaping children.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court directed JJBs to inspect institutions immediately upon receiving runaway reports to eliminate custodial violence.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed that runaway children require therapeutic counseling and social protection rather than punitive criminal sanctions.
Courtroom Practice & Strategic Litigation Guidance:

If police register a fresh FIR under Section 224 IPC against a juvenile for escaping from an Observation Home, move for immediate quashing under Section 26; the Act strictly prohibits criminalizing institutional escapes by minors.

Section 25 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 27