Section 31 JJ Act: Production of child in need of care and protection before Committee within 24 hours

Section 31 of Juvenile Justice (Care and Protection of Children) Act, 2015: Production of child in need of care and protection before Committee within 24 hours

Official Bare Act Text

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

(1) Any child in need of care and protection may be produced before the Committee by any of the following persons, namely:—

(i) any police officer or special juvenile police unit or a designated child welfare police officer or any officer of District Child Protection Unit or inspector appointed under any labour law for the time being in force;

(ii) any public servant;

(iii) Childline Services or any voluntary or non-governmental organisation or any agency as may be recognised by the State Government;

(iv) Child Welfare Officer or probation officer;

(v) any social worker or a public spirited citizen;

(vi) by the child himself; or

(vii) any nurse, doctor or management of a nursing home, hospital or maternity home:

Provided that the child shall be produced before the Committee without any loss of time but within a period of twenty-four hours of becoming aware of the child, excluding the time necessary for the journey.

Legal Commentary & Landmark Judgments: Section 31

Section 31 of the Juvenile Justice Act, 2015 enacts a strict statutory mandate governing the immediate production of any child in need of care and protection before the Child Welfare Committee.

Operational Statutory Mechanism: Sub-section (2) prescribes an inviolable timeline: the child must be produced before the Committee without any delay, and in no case later than twenty-four hours from the time the child is found or brought into contact, excluding the time necessary for the journey.
Statutory Rights & Obligations: The state government is under a statutory obligation to provide child-friendly transport and immediate medical attention if needed, ensuring the child is never detained in an ordinary police station.

By imposing a rigid twenty-four-hour ceiling, the statute prevents unregistered detention and safeguards children against being held informally in police custody or unauthorized shelters, establishing immediate quasi-judicial oversight.

Key Landmark Precedents:

Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1: The Supreme Court directed that every child rescued from trafficking, labour, or street vulnerability must be produced before the Child Welfare Committee within the twenty-four hour limit to prevent illegal detention and custodial exploitation.
Sampurna Behrua v. Union of India, (2018) 4 SCC 433: The Supreme Court stressed that the twenty-four hour rule under Section 31 is absolute, commanding police and social agencies to prioritize production before the CWC over all administrative formalities.

Legal Commentary:

Section 31 provides the legal gateway through which vulnerable children enter state protection. By imposing a rigid twenty-four-hour ceiling, the statute prevents unregistered detention and safeguards children against being held informally in police custody or unauthorized shelters, establishing immediate quasi-judicial oversight.

Section 31: Production of child in need of care and protection before Committee within 24 hours

Section 31 of Juvenile Justice (Care and Protection of Children) Act, 2015: Production of child in need of care and protection before Committee within 24 hours

Legal Commentary & Landmark Judgments: Section 31