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Criminal Procedure (BNSS) · Unit 4

Juvenile Justice Act 2015 and POCSO 2012

Unit 4 of Criminal Procedure (Bharatiya Nagarik Suraksha Sanhita 2023), Juvenile Justice Act 2015, POCSO 2012 (syllabus: Module IV — JJ Act 2015: general principles, the Juvenile Justice Board, procedure for children in conflict with law, the Child Welfare Committee, children in need of care and protection, rehabilitation, adoption and other offences against children; POCSO 2012: sexual offences against children, pornography, abetment and attempt, reporting, recording the child’s statement, Special Courts and their procedure). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • At what moment is the age of a child in conflict with law determined, and how is age proved?
  • Is a child entitled to bail, and on what grounds may it be refused?
  • When may a child be tried as an adult, and by what process?
  • What orders may the Board pass, and what may it never do?
  • What is the child-friendly procedure of a POCSO Special Court?
  • What do the presumptions in sections 29 and 30 of POCSO require, and what are their limits?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

  • No case law is prescribed for this paper; the authority is the section itself. Sections 2(13) and 94 of the Act are the authority.
  • No case law is prescribed for this paper; the authority is the section itself. Section 12 of the Act is the authority
  • No case law is prescribed for this paper; the authority is the section itself. Sections 14
  • No case law is prescribed for this paper; the authority is the section itself. Sections 18
  • No case law is prescribed for this paper; the authority is the section itself. Sections 28 and 33 to 40 of the Act are the authority.
  • No case law is prescribed for this paper; the authority is the section itself. Sections 29 and 30 of the Act are the authority.

Exam questions on this unit

In this paper