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Section 85: Offences on children committed by disabled persons

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015
Section 84 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 86

Legal Commentary & Landmark Judgments: Section 85

Section 85 of the Act provides for offenses committed against children by persons with disabilities, prescribing that while penalties shall be enforced, courts shall evaluate physical and mental disability in determining appropriate institutional sentencing.

  • Balancing Child Protection with Disability Rights: Requires courts to balance the paramount need to protect children from offenses with the specialized care needs of accused persons with severe disabilities.
  • Referral to Specialized Healthcare & Psychiatric Facilities: Authorizes courts to direct the confinement of offenders with severe cognitive disabilities in certified medical or psychiatric institutions rather than ordinary prisons.
  • Application of the Rights of Persons with Disabilities Act, 2016: Ensures that judicial procedures adhere to reasonable accommodation principles during trial.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court affirmed that child protection statutes must be implemented with nuanced appreciation of specialized mental healthcare standards.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that institutional placement of disabled individuals must ensure medical supervision.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed the constitutional balance between public safety and human rights in custodial care.
Courtroom Practice & Strategic Litigation Guidance:

When representing an accused with severe intellectual or psychiatric disability charged with an offense under Chapter IX, file an application under Section 85 supported by a Medical Board certificate requesting therapeutic placement rather than prison remand.

Section 84 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 86