THE SCHEME OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015: A CRITICAL ANALYSIS

Authors : Sharuv Sharma

DOI :

Volume : 7

Issue : 3

Year : 2026

Page No : 335-346

The Juvenile Justice (Care and Protection of Children) Act, 2015 represents a significant legislative development in India’s legal framework concerning children in conflict with law and children in need of care and protection. Enacted in the context of India’s obligations under international child-rights instruments and growing concerns regarding juvenile involvement in serious offences, the Act seeks to balance the principles of child welfare, rehabilitation, social reintegration, and accountability. This research critically analyses the scheme and institutional framework of the Act, with particular emphasis on its definitional structure, tripartite classification of offences into petty, serious, and heinous offences, and the special procedure applicable to children between sixteen and eighteen years alleged to have committed heinous offences. The study further examines the functioning of Juvenile Justice Boards, Children’s Courts, and Child Welfare Committees, along with the statutory mechanisms relating to apprehension, bail, preliminary assessment, rehabilitation, foster care, sponsorship, and adoption. Particular attention is given to the tension between the Act’s rehabilitative philosophy and the provision permitting certain children to be tried as adults. The research also considers judicial interpretations, including the Supreme Court’s clarification regarding the classification of offences and the continuing emphasis on the reformative objectives of juvenile justice. The analysis identifies significant implementation challenges, including institutional deficiencies, inadequate resources, concerns regarding preliminary assessments, and inconsistencies in the functioning of child protection mechanisms. The paper argues that the effectiveness of the Act ultimately depends not merely upon its legislative framework but upon effective institutional implementation, professional support, adequate rehabilitation facilities, and meaningful protection of the best interests and rights of children. It concludes that further refinement and strengthened implementation are necessary to realise the Act’s objective of establishing a child-centred, rights-based, and rehabilitative juvenile justice system in India.