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Section 49: Place of safety

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

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Act 2015
Section 48 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 50

Legal Commentary & Landmark Judgments: Section 49

Section 49 of the Act provides for the establishment and maintenance of a Place of Safety in every State, creating specialized secure facilities for housing older juveniles (16-18 years) accused of heinous offenses and youths who have turned twenty-one.

  • Secure Specialized Reformative Facility: Establishes a dedicated high-security institution for older adolescents (16-18 years) undergoing preliminary assessment or trial before the Children's Court for heinous offenses.
  • Segregation from Adult Criminal Prisoners: Completely insulates older juvenile offenders from adult prison environments, preventing hardening and criminal contamination.
  • Intensive Psychiatric & Behavioral Intervention: Mandates specialized cognitive behavioral therapy (CBT), psychiatric rehabilitation, and de-addiction programs under clinical supervision.
Key Landmark Precedents:
  • Barun Chandra Thakur v. Master Bholu (2022) SCC OnLine SC 870: Supreme Court affirmed that a Place of Safety must provide robust psychological care, holding that older juveniles tried as adults cannot be housed in adult prisons during trial.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court mandated that every State must establish and properly staff Places of Safety to prevent juvenile placement in adult prisons.
  • Pradeep Kumar v. State of U.P. (2020) 14 SCC 575: Affirmed that Placement in a Place of Safety is a mandatory statutory shield against adult jail confinement.
Courtroom Practice & Strategic Litigation Guidance:

If a Sessions Court remands an accused aged 16-18 charged with a heinous offense to regular judicial lockup or Central Jail, file an immediate habeas corpus writ petition citing Section 49; placing any person under eighteen in an adult prison is strictly illegal.

Section 48 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 50