Section 4 JJ Act: Juvenile Justice Board constitution

Section 4 of Juvenile Justice (Care and Protection of Children) Act, 2015: Juvenile Justice Board constitution

Official Bare Act Text

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

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government shall, by notification in the Official Gazette constitute for every district, one or more Juvenile Justice Boards for exercising the powers and discharging its functions relating to children in conflict with law under this Act.

(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (hereinafter referred to as Principal Magistrate) with at least three years experience and two social workers, of whom at least one shall be a woman.

Legal Commentary & Landmark Judgments: Section 4

Section 4 of the Juvenile Justice Act, 2015 mandates the compulsory constitution of a Juvenile Justice Board (JJB) in every district to exercise exclusive adjudicatory jurisdiction over children alleged to be in conflict with law.

Sub-Section (1): State: Under sub-section (1), the State Government must constitute one or more Juvenile Justice Boards in every district.
Chief Judicial Magistrate Appointment: Sub-section (2) prescribes the composition of the Board: a Principal Magistrate—who must be a Chief Judicial Magistrate or Judicial Magistrate of First Class (or Metropolitan Magistrate) with at least three years of experience—and two social workers, of whom at least one must be a woman, forming a composite bench combining judicial expertise with child psychology and social work insights.

Sub-sections (4) to (7) lay down strict eligibility criteria and disqualifications for social worker members, requiring at least seven years of active involvement in child welfare, education, or health. It bars individuals who have violated human rights, been convicted of moral turpitude, or been associated with child care institutions facing inquiry. The tenure of appointed members is limited to three years, subject to termination for non-attendance or dereliction of duties.

Key Landmark Precedents:

Re: Exploitation of Children in Orphanages in State of Tamil Nadu, (2017) 5 SCC 578: The Supreme Court issued nationwide directions mandating that all State Governments must ensure fully functional Juvenile Justice Boards with qualified magistrates and social workers in every district without administrative delay.
Sampurna Behrua v. Union of India, (2018) 4 SCC 433: The Supreme Court held that the appointment of Principal Magistrates and social worker members must adhere strictly to statutory qualifications and specialized child protection training.

Legal Commentary:

The hybrid bench format of the Juvenile Justice Board is an institutional innovation designed to prevent ordinary criminal court attitudes from penetrating juvenile proceedings. The presence of two experienced social worker members ensures that the Board functions as an empathetic, psycho-social rehabilitative tribunal rather than a retributive criminal court.

Section 4: Juvenile Justice Board constitution

Section 4 of Juvenile Justice (Care and Protection of Children) Act, 2015: Juvenile Justice Board constitution

Legal Commentary & Landmark Judgments: Section 4