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Section 91: Dispensing with attendance of child

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

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Act 2015
Section 90 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 92

Legal Commentary & Landmark Judgments: Section 91

Section 91 of the Act empowers the Board or Committee to dispense with the attendance of the child during inquiries where personal appearance is deemed prejudicial to the child's health or emotional well-being.

  • Discretion to Dispense with Child's Personal Appearance: Authorizes the authority to waive the physical attendance of the child at routine procedural hearings upon finding that repeated appearances cause emotional distress.
  • Representation by Legal Aid Counsel or Guardian: Permits the child to be represented by an advocate or appointed legal guardian in the child's absence.
  • Utilization of Video Conferencing Facilities: Encourages the use of child-friendly digital links to take depositions without subjecting the child to court environments.
Key Landmark Precedents:
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Supreme Court held that subjecting vulnerable children to repeated court visits impairs mental health; personal attendance must be dispensed with wherever possible.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court directed JJBs and CWCs to utilize Section 91 liberally, allowing children to focus on school without disruption from routine court dates.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that child-friendly procedures must minimize institutional trauma.
Courtroom Practice & Strategic Litigation Guidance:

In contested inquiries, file an application under Section 91 requesting that the child's physical appearance be dispensed with during examination of formal police witnesses, allowing the child to attend school undisturbed.

Section 90 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 92