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Section 52: Fit person

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

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Act 2015
Section 51 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 53

Legal Commentary & Landmark Judgments: Section 52

Section 52 of the Act defines and regulates 'fit persons', empowering the Board or Committee to appoint a willing and verified relative, teacher, or community member as a fit person to take custody and care of a child.

  • Individual-Based Community Child Custody: Authorizes the JJB or CWC to entrust the temporary care and protection of a child to a fit person rather than committing the child to an institutional shelter.
  • Mandatory Suitability & Background Inquest: Requires the authority to verify the moral character, economic stability, and lack of criminal record of the prospective fit person through a DCPU home study.
  • Revocation on Grounds of Neglect or Misconduct: Empowers the authority to cancel the fit-person authorization and resume custody if the appointed individual mistreats or neglects the child.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court held that placing a child with a vetted fit person (relative or mentor) is far superior to institutional custody and must be actively preferred by JJBs and CWCs.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that fit-person placements preserve family and community ties essential for child well-being.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Affirmed the importance of community participation in juvenile rehabilitation.
Courtroom Practice & Strategic Litigation Guidance:

When an extended family member (uncle, aunt, grandparent) seeks interim custody of a child during inquiry, file an application under Section 52 supported by a police verification certificate and a favorable social worker report to obtain immediate release into family care.

Section 51 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 53