Observation Homes (Section 8 of

the Juvenile Justice)

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Legal provisions regarding observation Homes under Section 8 of the Juvenile
Justice (Care and Protection of Children) Act, 2000.

(1) Any State Government may establish and maintain either by itself or under an
agreement with voluntary organizations, observation homes in every district or a
group of districts, as may be required for the temporary reception of any juvenile in

(2) Where the State Government is of opinion that any institution other than a home
established or maintained under sub-section (1), is fit for the temporary reception of
juvenile in conflict with law during the pendency of any inquiry regarding them under
this Act, it may certify such institution as an observation home for the purposes of
this Act.

(3) The State Government may, by rules made under this Act, provide for the
management of observation homes, including the standards and various types of
services to be provided by them for rehabilitation and social integration of a juvenile,
and the circumstances under

which, and the manner in which, the certification of an observation home may be
granted or withdrawn.

(4) Every juvenile who is not placed under the charge of parent or guardian and is
sent to an observation home shall be initially kept in a reception unit of the
observation home for preliminary inquiries, care and classification for juveniles
according to his age group, such as seven to twelve years, twelve to sixteen years
and sixteen to eighteen years, giving due consideration to physical and mental status
and degree of the offence committed, for further induction into observation home.

Constitution of the Juvenile Justice

Board (Section 4)
Legal provisions regarding Constitution of the Juvenile Justice Board under Section
4 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the
State Government may, within a period of one year from the date of commencement
of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (i.e.,
w.e.f. 22-08-2006), by notification in the Official Gazette, constitute for a district or a
group of districts specified in the notification, one or more Juvenile Justice Boards for
exercising the powers and discharging the duties conferred or imposed on such
Boards in relation to juveniles in conflict with law under this Act.

(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the

First Class, as the case may be, and two social workers of whom at least one shall
be a woman, forming a Bench and every such Bench shall have the powers
conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or,
as the case may be, a Judicial Magistrate of the First Class and the Magistrate on
the Board shall be designated as the principal Magistrate.

(3) No Magistrate shall be appointed as a member of the Board unless he has

special knowledge or training in child psychology or child welfare and no social
worker shall be appointed as a member of the Board unless he has been actively
involved in health, education, or welfare activities pertaining to children for at least
seven years.

(4) The term of office of the members of the Board and the manner in which such
member may resign shall be such as may be prescribed.

(5) The appointment of any member of the Board may be terminated after holding
inquiry, by the State Government, if;

ADVERTISEMENTS:

(i) He has been found guilty of misuse of power vested under this Act,

(ii) He has been convicted of an offence involving moral turpitude, and such
conviction has not been reversed or he has not been granted full pardon in respect
of such offence.

(iii) He fails to attend the proceedings of the Board for consecutive three months
without any valid reason or he fails to attend less than three-fourth of the sittings in a
year.
As per Rules 4 to 6 of the Juvenile Justice (Care and Protection of Children) Rules,
2007 there shall be one or more Juvenile Justice Boards in every district, which shall
be constituted by the State Government as Section 4 of the Act. Further:

ADVERTISEMENTS:

(1) The Juvenile Justice Board shall consist of a Metropolitan Magistrate or a Judicial
Magistrate of the first class, as the case may be, and two social workers of whom at
least one shall be a woman, forming a Bench.

(2) Every such Bench shall have the powers conferred by the Code of Criminal
Procedure, 1973.

(3) (a) A Magistrate with special knowledge of training in child psychology or child
welfare shall be designated as the Principal Magistrate of the Board;

(b) In case the Principal Magistrate with such special knowledge or training is not
available, then, the State Government shall provide for such short-term training in
child psychology or child welfare as it considers necessary.

(4) The two social workers, of whom at least one shall be a woman, shall be
appointed by the State Government on the recommendation of the Selection
Committee set up under sub-rule (2) of Rule 24 of these rules.

(5) The Selection Committee shall take into consideration the panels of names
recommended by the local authority while considering the selection of social workers
for the Board and shall prepare a panel of names for each Board including a panel of
names to fill in vacancies, which may arise during the tenure of the Board.

(6) The social worker to be appointed as a member of the Board shall be a person
who has been actively involved and engaged in planning, implementing and
administering measures relating to health, education or other welfare activities
pertaining to children for at least seven years.

(7) The Board shall have tenure of three years and the appointment of members
shall be co-terminus with the tenure of the Board.

(8) A social worker being a member of the Board shall be eligible for appointment for
a maximum of two terms.
(9) The Board shall hold its sittings in the premises of an Observation Home and
shall meet on all the working days of the week.

(10) A member may resign any time, by giving one month’s advance notice in writing
or may be removed from his office as provided in sub-section (5) of Section 4 of the
Act.

(11) The social worker members of the Board shall be paid such travelling or
meeting allowance or honorarium, as the State Government may, decide from time
to time.

CWC

CHILD Protection & Child Rights » V. State Mechanisms » State Actors»

Child Welfare Committee

As per the provisions of the Juvenile Justice (Care and Protection of Children) Act
2000 (amended in 2006) State governments are required to establish a CWC or two in ever
district. Each CWC should consist of a chairperson and four members. The chairperson should
be a person well versed in child welfare issues and at least one member of the board should be a
woman. The CWC has the same powers as a metropolitan magistrate or a judicial magistrate of
the first class. A child can be brought before the committee (or a member of the committee if
necessary) by a police officer, any public servant, CHILDLINE personnel, any social worker or
public spirited citizen, or by the child himself/herself.

The CWC usually sends the child to a children's home while the inquiry into the case is
conducted for the protection of the child. The CWC meets and interviews the child to learn
his/her background information and also understand the problem the child is facing. The
probation officer (P.O) in charge of the case must also submit regular reports of the child. The
purpose of the CWC is to determine the best interest of the child and find the child a safe home
and environment either with his/her original parents or adoptive parents, foster care or in an
institution.

A final order must be given within four months of the admission of the child before the CWC. The
CWC also has powers to hold people accountable for the child such as in the case of child
labour, the employers are fined or made to give bonds to the children. CWC also has the power
to transfer the child to a different CWC closer o the child's home or in the child's state to dispose
of the case and reunite the child with his family and community.

As per the provisions of the ICPS, the Government of India provides two grants for setting up of
CWCs: A Construction and Maintenance Grant of 9.19 lakhs and Maintenance Grant of 6.19
lakhs. The cost of setting up CWCs is shared by central and state as a 35:65 ratio except in
Jammu and Kashmir and the North East where the ratio stands at 90:10
What is the difference between
Inquiry, Investigation and Trial?
(CrPC, 1973, India)
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Inquiry:
“Inquiry” according to the Code includes every inquiry other than a trial conducted
under this Code, by a Magistrate or court. It relates to proceedings of Magistrates
prior to trial. [Section 2 (g)]

Section 159 of the Code empowers a Magistrate on receipt of a police report under
Section 157, Cr.P.C. to hold a preliminary inquiry in order to ascertain whether an
offence has been committed and, if so, whether any persons should be put upon
their trial.

In cases triable by the court of sessions and commitment proceedings take place
before a Magistrate, which are in the nature of an inquiry preparatory to sending the
accused to take his trial before the Court of Session.

ADVERTISEMENTS:

The Magistrate in such cases is bound either to discharge the accused or commit
him for trial, but he has no power to declare an accused either guilty or innocent of
the offence with which he is charged.

An inquiry is also by a Magistrate in cases triable by himself under S. 202 of the

Code. On a complaint being filed before a Magistrate, he examines the complainant
and the witnesses on oath in order to find out whether there is any matter which calls
for investigation by a criminal court.

The Magistrate may not act on the complaint and dismiss it if he distrusts the
statements of the complainant and the witnesses and the result of the ‘investigation
or inquiry does not establish sufficient ground for proceeding. All these proceedings
are in the nature of inquiry.
Investigation:
ADVERTISEMENTS:

“Investigation”, according to the Code, includes all proceedings under it for the
collection of evidence conducted by a police officer or by any person (other than a
Magistrate) who is authorized by a Magistrate in this behalf. [Section 2 (h)].

Investigation consists of steps taken by a police officer other than a Magistrate to

ascertain whether any offence has been committed at all and, if so, by whom and
what is the evidence on which the prosecution can be based. Investigation can also
be made by a person specially authorized by a Magistrate to do so. The case is only
started if investigation by the police reveals that an offence has been committed by
the accused, otherwise not.

Trial:
The term “trial” has not been defined in the Code. It is the examination and
determination of a cause by a judicial tribunal which has jurisdiction over it. It is a
judicial proceeding which ends in conviction or acquittal but not discharge.

In a warrant case the trial begins with the framing of the charge when the accused is
called upon to plead thereto : but in a summons case, as if is not necessary to frame
a formal charge, the ‘trial’ starts when the accused is brought before the Magistrate
and the particulars of the offence are stated to him. In a case exclusively triable by a
court of session the trial begins only after the committal proceedings by the
Magistrate. The term “trial” includes appeal and revision, which are a continuation of
the first ‘trial’.

ADVERTISEMENTS:

The function of a court in a criminal trial is to find out whether the person arraigned
before it as the accused’ is guilty of the offence with which he is charged. For this
purpose it scans the material on record to find whether there is any reliable and
trustworthy evidence on the basis of which it is possible to found the conviction of the
accused and to hold that he is guilty of the offence with which he is charged.

[Harchand Singh v. State of Haryana, 1975 (1) S.C.J. 102],

Investigation, Inquiry and Trial distinguished:

Investigation, inquiry and trial are three different stages of a criminal case. The case
is first investigated by the police to ascertain whether an offence has actually been
committed and if so, by whom and the nature of evidence available for the
prosecution.

Inquiry is the second stage which is conducted by a Magistrate for the purpose of
committing the accused to sessions or discharging him when no case has been
made out. In case of complaints made to a Magistrate, it refers to a preliminary
inquiry made by him under Section 202 to ascertain the truth or falsehood of the
complaint or whether there is any matter which calls for investigation by a criminal
court.

The final stage of the case comes when the accused is put on trial before the
Sessions Judge or the Magistrate when he is empowered by law to try the cases
himself.

Investigation and Inquiry:

(1) An investigation is made by a police officer or by some person authorized by a
Magistrate but is never made by a Magistrate or a court. An inquiry is a judicial
proceeding made by a Magistrate or a court.

(2) The object of an investigation is to collect evidence for the prosecution of the
case, while the object of an inquiry is to determine the truth or falsity of certain facts
with a view to taking further action thereon.

(3) Investigation is the first stage of the case and normally precedes enquiry by a
Magistrate.

Inquiry and Trial:

Both inquiry and trial are judicial proceedings, but they differ in the following
respects:

(1) An enquiry does not necessarily mean an inquiry into an offence for, it may, as
well relate to matters which are not offences, e.g., inquiry made in disputes as to
immovable property with regard to possession, public nuisances, or for the
maintenance of wives and children. A trial on the other hand, is always of an offence.

(2) An inquiry in respect of an offence never ends in conviction or acquittal; at the

most. It may result in discharge or commitment of the case to sessions. A trial must
invariably end in acquittal or conviction of the accused.
Difference Between Probation and Parole
The term probation and parole are the two alternatives to the incarceration, wherein the
conduct of the offender is supervised according to the law. Probation can be understood as a
penalty imposed by the court in which the criminal offender is not detained but allowed to
remain in the community, on the promise of good behaviour, subject to the supervision of the
probation officer.

In contrast, parole, or otherwise called as supervised release, is one in which the inmate is
released from the jail either temporarily or permanently, before the completion of sentence,
subject to good behaviour.

While studying criminal law, it is important to stay aware of these two concepts and their
difference as well, So, here in this article, we’ve simplified the difference between probation
and parole.

Content: Probation Vs Parole

1. Comparison Chart
2. Definition
3. Key Differences
4. Conclusion

Comparison Chart
Basis for
Probation Parole
Comparison

Probation is the suspension of sentence Parole implies the early release of the convict
of an offender and allowing them to before the expiry of the sentence term, to
Meaning stay in the community while inculcating serve the rest of the protion in the
good behavior, under the supervision of community, while ensuring good behavior
an officer. and subject to specific conditions.

Nature Determinative Administrative

What is it? Alternative to jail Conditional release from prison

Imposed by Court Parole Board

After the offender has completed a certain

Grant Prior to the incarceration.
portion of his prison sentence.

First time offenders and crimes that

Allowed to Criminals that are already under detention.
does not involve violence.
Definition of Probation

Probation can be defined as the release of the offender, from police custody, subject to the
good behaviour of the convicted offender under specific conditions. It is considered as the
supervision period, in which the offender has to follow certain rules prescribed by the court,
under the supervision of the probation officer.

A person is granted probation when he is found guilty for commission of an offence, in which
the accused is not sent to jail rather he is allowed to stay in the community, provided that he
adopts ethical conduct and not commit any crime in future, or else he will be sent to jail.

The condition of probation differs regarding the accused and the criminal offence, which
encompasses community service, fines, reporting to a probationary officer, restriction on
consumption of drugs and alcohol, counselling, jail time and so forth.

Definition of Parole

By the term, parole is meant the grant of release to the convict, only when he has served a
part of his punishment in jail.

In this, the prisoner is temporarily or permanently released from the jail, subject to the
conditions set forth by the parole board. These conditions ensure the safety of the members of
the society include appearing before the parole officer whenever needed, obeying the law,
restriction on the consumption of alcohol or drugs, avoiding contact with certain people,
restriction on leaving the specified geographical area without the permission of the officer,
getting employment and so forth.

While on parole, the convicts are not considered as free from their sentence, rather they have
to serve the community and rehabilitate themselves and comply with the rules specified, or
else they will be sent back to jail on the grounds of the original sentence.

Key Difference Between Probation and Parole

The points stated below are relevant, so far as the difference between probation and parole is
concerned:

1. Probation refers to the sentence given to the criminals, in which they remain out of prison,
under the supervision of an officer and follows the rules set forth by the court. Parole
connotes the before time release of the inmate, on the condition that the inmate will be
under the supervision of the authority and detention will be resumed upon the non-
compliance of conditions specified.
2. Probation is granted by the judge instead of the imprisonment, whereas parole is nothing
but a form of conditional release from the prison.
3. The decision of probation of an accused or suspect is taken by the court. Unlike, the parole
board takes the decision regarding parole of a prisoner.
4. The probation is granted to the accused before incarceration, i.e. in spite of directly sending
the accused to the jail, they are given a chance to rehabilitate themselves, through this
process. On the other extreme, parole is allowed after the offender has completed a
specified portion of their sentence term in prison.
 5. Probation is awarded to those person’s who have no prior criminal record so far and also for
the crimes that do not involve violence. As against, parole is allowed to those criminals
which are already in jail, and also available to serious offenders, who pursue good conduct,
during the term of their sentence.
6. A person who is granted probation, reports to the probation officer, however, failure in
reporting to the appropriate authority may lead to resentencing to jail, for a particular
period. Conversely, the offender under parole has to report to the parole officer, but in case
if the accused defaults in reporting without reasonable cause, the offender is sent back to
the jail on the grounds of the original sentence.

Conclusion

By and large, probation and parole share many similar aspects but are not one and the same
thing as probation is for those offenders who do not have any previous criminal record,
whereas parole is for those convicts who are serving detention due to a serious crime
committed by them, but pursues good behaviour and follows the rules of jail properly. So, for
that, they are awarded parole.