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Section 95: Transfer of a child to place of residence

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

Statutory Regulation
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Act 2015
Section 94 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 96

Legal Commentary & Landmark Judgments: Section 95

Section 95 of the Act regulates the transfer of a child to their ordinary place of residence across district or State boundaries, directing the repatriation of lost, runaway, or migrant children to their native families.

  • Statutory Inter-District & Inter-State Child Repatriation: Authorizes the CWC or JJB to order the transfer of a child found outside their home state back to the local Committee or Board having territorial jurisdiction over their residence.
  • State-Funded Travel & Child Welfare Escort: Directs that the child shall be accompanied by an escort from the Special Juvenile Police Unit or DCPU, with travel costs borne entirely by the State.
  • Protection Against Commercial Exploitation En Route: Mandates formal documented handover to the receiving CWC, preventing traffickers from intercepting repatriated children.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court directed States to establish standard operating procedures under Section 95 to ensure that inter-state child repatriation is completed swiftly without indefinite shelter detention.
  • Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Supreme Court held that stranded and runaway children must be reunited with their families in their home States without bureaucratic delays.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that children must not be warehoused in distant state institutions when family restoration is feasible.
Courtroom Practice & Strategic Litigation Guidance:

When a child from another State appears before the local CWC, immediately contact the child's home state CWC and file for a transfer order under Section 95; the local DCPU is statutorily bound to provide train fare and a female police escort to complete the handover.

Section 94 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 96