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Section 7: Procedure in relation to Board

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

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Act 2015
Section 6 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 8

Legal Commentary & Landmark Judgments: Section 7

Section 7 of the Act defines the procedure in relation to the Juvenile Justice Board, regulating quorum, majority decision-making, and the requirement of continuous presence of the Principal Magistrate during dispositive orders.

  • Tripartite Board Composition & Quorum: Specifies that the Board consists of a Principal Magistrate (First Class Judicial Magistrate or Metropolitan Magistrate) and two social workers, of whom at least one must be a woman.
  • Democratic Majority Decision Rule: Requires all decisions of the Board to be by majority, but explicitly mandates that in the absence of consensus between the two social workers, the opinion of the Principal Magistrate shall prevail.
  • Mandatory Presence of Magistrate for Final Orders: Directs that no final disposal of a case shall be passed by the Board unless the Principal Magistrate is present, ensuring judicial rigor in all substantive determinations.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court emphasized that JJBs must function regularly with full quorum, holding that social worker members are equal participants in evaluating child welfare alongside the judicial magistrate.
  • Barun Chandra Thakur v. Master Bholu (2022) SCC OnLine SC 870: Supreme Court affirmed that the multi-disciplinary composition of the Board is designed to bring holistic social, psychological, and legal perspectives into child evaluation.
  • Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Affirmed that procedural rigor before the Board ensures the rehabilitation object of the enactment is fulfilled.
Courtroom Practice & Strategic Litigation Guidance:

Audit the composition of the JJB bench that signed the order: if a final order transferring a child to the Children's Court or declaring guilt was signed solely by social worker members without the Principal Magistrate, challenge it under Section 7(3) as void ab initio.

Section 6 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 8