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Section 93: Transfer of a child who is mentally ill or addicted to alcohol or other drugs

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015
Section 92 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 94

Legal Commentary & Landmark Judgments: Section 93

Section 93 of the Act provides for the transfer and specialized treatment of a child who is mentally ill or addicted to alcohol or other drugs, authorizing placement in psychiatric facilities or accredited de-addiction centers.

  • Therapeutic Placement for Substance Abuse & Mental Illness: Empowers the Board or Committee to transfer a child suffering from severe mental illness or chemical dependency to an approved psychiatric nursing home or de-addiction center.
  • Application of the Mental Healthcare Act, 2017: Mandates that psychiatric care and clinical admissions must conform strictly to modern mental healthcare rights, prohibiting cruel restraints.
  • Continuous Medical Monitoring & Discharge Protocols: Requires the de-addiction center to submit monthly psychiatric progress reports to the authority, releasing the child once detoxified and rehabilitated.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court emphasized that drug-addicted street children and juveniles with psychiatric trauma must receive specialized clinical care under Section 93 rather than punitive confinement.
  • Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Supreme Court directed States to establish specialized child de-addiction centers equipped with clinical psychologists.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed that juvenile justice requires medical healing for addicted minors.
Courtroom Practice & Strategic Litigation Guidance:

In cases involving inhalant, whitener, or opioid addiction among street children, file an application under Section 93 for transfer to an accredited de-addiction facility; the child cannot be housed in standard observation homes lacking medical detoxification.

Section 92 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 94