What is the procedure if a minor is accused of a criminal offence in India?

Question

My teenage child has been accused of a crime. How does the juvenile justice system handle this differently from adult criminal procedure? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What is the procedure if a minor is accused of a criminal offence in India? is governed in India primarily by Juvenile Justice (Care and Protection of Children) Act 2015 s.14-19. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

A child in conflict with law (under 18 years) is not tried by regular criminal courts but by the Juvenile Justice Board (JJB), comprising a Magistrate and two social workers, which conducts an inquiry rather than a criminal trial under s.14.

For heinous offences (punishable with 7 years or more) committed by a child aged 16-18, the JJB conducts a preliminary assessment under s.15 of the child's mental and physical capacity, and can order the case to be tried as an adult before the Children's Court if the assessment supports it.

For all other offences, the child is dealt with through the JJB's inquiry process resulting in orders like counselling, community service, or placement in a special home, with the maximum period of stay generally capped at 3 years, and never resulting in a criminal record or death/life sentence.

The child cannot ordinarily be handcuffed, detained in a regular police lockup or jail, and must be produced before the JJB within 24 hours of apprehension, kept in an Observation Home in the interim.

The identity of the child cannot be disclosed in media or records under s.74, and the JJB must dispose of the inquiry within a maximum of 4 months from the first production, extendable in exceptional cases.

What to do next: 1) Ensure the child is produced before the Juvenile Justice Board within 24 hours and not treated as an adult accused; 2) Engage a lawyer familiar with juvenile justice procedure to represent the child before the JJB; 3) For heinous offences, prepare for the preliminary assessment and, if needed, contest the transfer to Children's Court; 4) Coordinate with the Probation Officer / social worker appointed for a social investigation report favourable to the child.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Juvenile Justice (Care and Protection of Children) Act 2015 s.14-19 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.