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Section 97: Release of a child from an institution

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015
Section 96 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 98

Legal Commentary & Landmark Judgments: Section 97

Section 97 of the Act empowers the Board or Children's Court to order the release of a child from a Special Home or Place of Safety, conditionally or unconditionally, upon demonstrating exemplary reform and rehabilitation.

  • Early Conditional Release Authority (Juvenile Parole/Remission): Empowers the Board or Court to shorten the institutional commitment period and release the child on good behavior upon recommendation of the Superintendent.
  • Supervised Community Probation Period: Authorizes the appointment of a Probation Officer to mentor the released youth, ensuring continued school attendance and counseling.
  • Revocation on Ground of Serious Misbehavior: Provides that if the youth violates the conditions of release, the Board may cancel the release order and direct return to the institution for the remainder of the term.
Key Landmark Precedents:
  • Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Supreme Court affirmed that early release under Section 97 reflects the core reformative philosophy of juvenile justice, rewarding adolescent behavioral transformation.
  • Barun Chandra Thakur v. Master Bholu (2022) SCC OnLine SC 870: Affirmed that institutional stays must not be prolonged once a youth demonstrates stable psychological reform.
  • Pradeep Kumar v. State of U.P. (2020) 14 SCC 575: Affirmed that juvenile justice actively encourages community-based conditional release over custodial incarceration.
Courtroom Practice & Strategic Litigation Guidance:

After a child completes twelve months in a Special Home with clean behavioral marks, file an application for early release under Section 97 annexing school exam marks, vocational certificates, and a positive Probation Officer report to secure immediate discharge.

Section 96 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 98