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Section 98: Leave of absence to a child placed in an institution

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

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Act 2015
Section 97 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 99

Legal Commentary & Landmark Judgments: Section 98

Section 98 of the Act regulates leave of absence to a child placed in an institution, empowering the Board or Committee to grant temporary home leaves for up to seven days at a time during festivals, family marriages, or medical emergencies.

  • Statutory Temporary Leave of Absence (Furlough/Emergency Leave): Authorizes the authority to grant leave of absence up to seven days at a time to enable the child to spend festivals, vacations, or bereavements with family.
  • Preservation of Family Bonding: Prevents complete alienation from family and community life during institutional stays, fostering ongoing emotional attachment.
  • Counting Leave as Period of Institutional Stay: Explicitly directs that the period of temporary leave shall be counted as part of the total period of institutional commitment.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court held that granting regular leaves of absence under Section 98 is essential to maintain healthy family bonds and prevent institutional depression among children.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that temporary home leaves facilitate successful post-discharge reintegration.
  • Sheela Barse v. Union of India (1986) 3 SCC 596: Affirmed that custodial isolation must be mitigated through regular family visitations and leaves.
Courtroom Practice & Strategic Litigation Guidance:

During major national or religious festivals (Diwali, Eid, Christmas), file an application under Section 98 before the JJB/CWC requesting seven days' home leave, submitting a parental undertaking for safe return; boards routinely grant festive leave under this section.

Section 97 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 99