Section 8 JJ Act: Powers, functions and responsibilities of the Board

Section 8 of Juvenile Justice (Care and Protection of Children) Act, 2015: Powers, functions and responsibilities of the Board

Official Bare Act Text

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

(1) Notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act , the Board constituted for any district shall have power to deal exclusively with all the proceedings under this Act, relating to children in conflict with law, in the area of jurisdiction of such Board.

Legal Commentary & Landmark Judgments: Section 8

Section 8 of the Juvenile Justice Act, 2015 enumerates the exclusive statutory powers, functions, and supervisory responsibilities vested in the Juvenile Justice Board.

Sub-Section (1): Board: Sub-section (1) contains a powerful non-obstante clause granting the Board exclusive power to deal with all proceedings relating to children in conflict with law within its territorial jurisdiction, ousting the original jurisdiction of ordinary criminal courts.
Appellate Remedies & Forum: Sub-section (2) clarifies that powers conferred on the Board may also be exercised by the High Court and the Children's Court when proceedings come before them in appeal, revision, or otherwise.

Sub-section (3) details mandatory institutional duties, including ensuring informed participation of the child and parents, ensuring legal aid through legal services authorities, conducting preliminary assessments under Section 15, ordering social investigation reports through probation officers, monitoring observation and special homes at least once a month, and directing police authorities to register FIRs against adults who exploit or abuse children.

Key Landmark Precedents:

Jitendra Singh v. State of U.P., (2013) 11 SCC 193: The Supreme Court affirmed that the statutory powers conferred on the Juvenile Justice Board are exclusive and that ordinary criminal courts have no original jurisdiction to try or sentence a person who was a juvenile on the date of the offence.
K. Dhandapani v. State, (2022) 14 SCC 546: The Supreme Court stressed that the primary function of the Board under Section 8 is to secure the reformative re-integration of the child, overriding retributive penal instincts.

Legal Commentary:

Section 8 transforms the Juvenile Justice Board from a mere adjudicatory body into an active supervisory watchdog. Its monthly inspection duties over child care institutions and mandatory oversight of legal aid ensure that children trapped in the legal system receive constant institutional protection and effective defense representation.

Section 8: Powers, functions and responsibilities of the Board

Section 8 of Juvenile Justice (Care and Protection of Children) Act, 2015: Powers, functions and responsibilities of the Board

Legal Commentary & Landmark Judgments: Section 8