The Juvenile Justice (Care and Protection of Children) Act, 2015.
Administered Ministry: Ministry of Women and Child Development
Section
Section 61 Procedure for disposal of adoption proceedings
1[Procedure for disposal of adoption proceedings].--- (1) Before issuing an adoption order, the 2[District Magistrate] shall satisfy itself that---
(a) the adoption is for the welfare of the child; (b) due consideration is given to the wishes of the child having regard to the age and understanding of the child; and (c) that neither the prospective adoptive parents has given or agreed to give nor the specialised adoption agency or the parent or guardian of the child in case of relative adoption has received or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption regulations framed by the Authority towards the adoption fees or service charge or child care corpus.
(2) The adoption proceedings shall be held in camera and the case shall be disposed of by the 3[District Magistrate] within a period of two months from the date of filing.
(a) the adoption is for the welfare of the child; (b) due consideration is given to the wishes of the child having regard to the age and understanding of the child; and (c) that neither the prospective adoptive parents has given or agreed to give nor the specialised adoption agency or the parent or guardian of the child in case of relative adoption has received or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption regulations framed by the Authority towards the adoption fees or service charge or child care corpus.
(2) The adoption proceedings shall be held in camera and the case shall be disposed of by the 3[District Magistrate] within a period of two months from the date of filing.
1. Subs. by Act 23 of 2021, s. 21, for the marginal heading (w.e.f. 1-9-2022).
2. Subs. by s. 21, ibid., for "court" (w.e.f. 1-9-2022).
3. Subs. by s. 21, ibid., for "court" (w.e.f. 1-9-2022).
2. Subs. by s. 21, ibid., for "court" (w.e.f. 1-9-2022).
3. Subs. by s. 21, ibid., for "court" (w.e.f. 1-9-2022).
Section 62 Additional procedural requirements and documentation.
(1) The documentation and other procedural requirements, not expressly provided in this Act with regard to the adoption of an orphan, abandoned and surrendered child by Indian prospective adoptive parents living in India, or by non-resident Indian or overseas citizen of India or person of Indian origin or foreigner prospective adoptive parents, shall be as per the adoption regulations framed by the Authority.
(2) The specialised adoption agency shall ensure that the adoption case of prospective adoptive parents is disposed of within four months from the date of receipt of application and the authorised foreign adoption agency, Authority and State Agency shall track the progress of the adoption case and intervene wherever necessary, so as to ensure that the time line is adhered to.
(2) The specialised adoption agency shall ensure that the adoption case of prospective adoptive parents is disposed of within four months from the date of receipt of application and the authorised foreign adoption agency, Authority and State Agency shall track the progress of the adoption case and intervene wherever necessary, so as to ensure that the time line is adhered to.
Section 63 Effect of adoption.
A child in respect of whom an adoption order is issued by the 1[District Magistrate], shall become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child had been born to the adoptive parents, for all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from such date all the ties of the child in the family of his or her birth shall stand severed and replaced by those created by the adoption order in the adoptive family:
Provided that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to vest in the adopted child subject to the obligations, if any, attached to the ownership of such property including the obligations, if any, to maintain the relatives in the biological family.
Provided that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to vest in the adopted child subject to the obligations, if any, attached to the ownership of such property including the obligations, if any, to maintain the relatives in the biological family.
1. Subs. by Act 23 of 2021, s. 22, for "court" (w.e.f. 1-9-2022).
Section 64 Reporting of adoption.
Notwithstanding anything contained in any other law for the time being in force, information regarding all adoption orders issued by the 1[District Magistrate], shall be forwarded to Authority on monthly basis in the manner as provided in the adoption regulations framed by the Authority, so as to enable Authority to maintain the data on adoption.
1. Subs. by Act 23 of 2021, s. 23, for "concerned courts" (w.e.f. 1-9-2022).
Section 65 Specialised Adoption Agencies.
(1) The State Government shall recognise one or more institutions or organisations in each district as a Specialised Adoption Agency, in such manner as may be provided in the adoption regulations framed by the Authority, for the rehabilitation of orphan, abandoned or surrendered children, through adoption and non-institutional care.
(2) The State Agency shall furnish the name, address and contact details of the Specialised Adoption Agencies along with copies of certificate or letter of recognition or renewal to Authority, as soon as the recognition or renewal is granted to such agencies.
(3) The State Government shall get every Specialised Adoption Agency inspected at least once in a year and take necessary remedial measures, if required.
(4) In case any Specialised Adoption Agency is in default in taking necessary steps on its part as provided in this Act or in the adoption regulations framed by the Authority, for getting an orphan or abandoned or surrendered child legally free for adoption from the Committee or in completing the home study report of the prospective adoptive parents or in obtaining adoption order from the 1[District Magistrate] within the stipulated time, such Specialised Adoption Agency shall be punishable with a fine which may extend up to fifty thousand rupees and in case of repeated default, the recognition of the Specialised Adoption Agency shall be withdrawn by the State Government.
(2) The State Agency shall furnish the name, address and contact details of the Specialised Adoption Agencies along with copies of certificate or letter of recognition or renewal to Authority, as soon as the recognition or renewal is granted to such agencies.
(3) The State Government shall get every Specialised Adoption Agency inspected at least once in a year and take necessary remedial measures, if required.
(4) In case any Specialised Adoption Agency is in default in taking necessary steps on its part as provided in this Act or in the adoption regulations framed by the Authority, for getting an orphan or abandoned or surrendered child legally free for adoption from the Committee or in completing the home study report of the prospective adoptive parents or in obtaining adoption order from the 1[District Magistrate] within the stipulated time, such Specialised Adoption Agency shall be punishable with a fine which may extend up to fifty thousand rupees and in case of repeated default, the recognition of the Specialised Adoption Agency shall be withdrawn by the State Government.
1. Subs. by Act 23 of 2021, s. 24, for "court" (w.e.f. 1-9-2022).
Section 66 Adoption of children residing in institutions not registered as adoption agencies.
(1) All the institutions registered under this Act, which may not have been recognised as Specialised Adoption Agencies, shall also ensure that all orphan or abandoned or surrendered children under their care are reported, produced and declared legally free for adoption, by the Committee as per the provisions of section 38.
(2) All institutions referred to in sub-section (1) shall develop formal linkages with nearby Specialised Adoption Agency and shall furnish details of the children declared legally free for adoption to that Specialised Adoption Agency along with all relevant records in the manner as may be prescribed, for the placement of such children in adoption.
(3) If any such institution contravenes the provisions of sub-section (1) or sub-section (2), it shall be liable to fine of fifty thousand rupees for each instance to be imposed by the registering authority and it may also attract de-recognition in the event of persistent flouting of such provisions.
(2) All institutions referred to in sub-section (1) shall develop formal linkages with nearby Specialised Adoption Agency and shall furnish details of the children declared legally free for adoption to that Specialised Adoption Agency along with all relevant records in the manner as may be prescribed, for the placement of such children in adoption.
(3) If any such institution contravenes the provisions of sub-section (1) or sub-section (2), it shall be liable to fine of fifty thousand rupees for each instance to be imposed by the registering authority and it may also attract de-recognition in the event of persistent flouting of such provisions.
Section 67 State Adoption Resource Agency.
(1) The State Government shall set up a State Adoption Resource Agency for dealing with adoptions and related matters in the State under the guidance of Authority.
(2) The State Agency, wherever already exists, shall be deemed to be set up under this Act.
(2) The State Agency, wherever already exists, shall be deemed to be set up under this Act.
Section 68 Central Adoption Resource Authority. 1 docs
The Central Adoption Resource Agency existing before the commencement of this Act, shall be deemed to have been constituted as the Central Adoption Resource Authority under this Act to perform the following functions, namely:—
(a) to promote in-country adoptions and to facilitate inter-State adoptions in co-ordination with State Agency;
(b) to regulate inter-country adoptions;
(c) to frame regulations on adoption and related matters from time to time as may be necessary;
(d) to carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption;
(e) any other function as may be prescribed.
(a) to promote in-country adoptions and to facilitate inter-State adoptions in co-ordination with State Agency;
(b) to regulate inter-country adoptions;
(c) to frame regulations on adoption and related matters from time to time as may be necessary;
(d) to carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption;
(e) any other function as may be prescribed.
Section 69 Steering Committee of Authority.
(1) The Authority shall have a Steering Committee with following members:
(a) Secretary, Ministry of Women and Child Development, Government of India, who shall be the Chairperson--ex officio;
(b) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Authority--ex officio;
(c) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Finance--ex officio;
(d) one State Adoption Resource Agency and two Specialised Adoption Agencies;
(e) one adoptive parent and one adoptee;
(f) one advocate or a professor having at least ten years of experience in family law;
(g) Member-Secretary, who shall also be Chief Executive Officer of the organisation.
(2) Criteria for the selection or nomination of the Members 1[mentioned at clauses (d) to (f) of subsection (1)], their tenure as well as the terms and conditions of their appointment shall be such as may be prescribed.
(3) The Steering Committee shall have the following functions, namely:---
(a) to oversee the functioning of Authority and review its working from time to time so that it operates in most effective manner;
(b) to approve the annual budget, annual accounts and audit reports as well as the action plan and annual report of Authority;
(c) to adopt the recruitment rules, service rules, financial rules of Authority as well as the other regulations for the exercise of the administrative and programmatic powers within the organisation, with the prior approval of the Central Government;
(d) any other function that may be vested with it by the Central Government from time to time.
(4) The Steering Committee shall meet once in a month in the manner as may be prescribed.
(5) The Authority shall function from its headquarter and through its regional offices as may be set up as per its functional necessity.
(a) Secretary, Ministry of Women and Child Development, Government of India, who shall be the Chairperson--ex officio;
(b) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Authority--ex officio;
(c) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Finance--ex officio;
(d) one State Adoption Resource Agency and two Specialised Adoption Agencies;
(e) one adoptive parent and one adoptee;
(f) one advocate or a professor having at least ten years of experience in family law;
(g) Member-Secretary, who shall also be Chief Executive Officer of the organisation.
(2) Criteria for the selection or nomination of the Members 1[mentioned at clauses (d) to (f) of subsection (1)], their tenure as well as the terms and conditions of their appointment shall be such as may be prescribed.
(3) The Steering Committee shall have the following functions, namely:---
(a) to oversee the functioning of Authority and review its working from time to time so that it operates in most effective manner;
(b) to approve the annual budget, annual accounts and audit reports as well as the action plan and annual report of Authority;
(c) to adopt the recruitment rules, service rules, financial rules of Authority as well as the other regulations for the exercise of the administrative and programmatic powers within the organisation, with the prior approval of the Central Government;
(d) any other function that may be vested with it by the Central Government from time to time.
(4) The Steering Committee shall meet once in a month in the manner as may be prescribed.
(5) The Authority shall function from its headquarter and through its regional offices as may be set up as per its functional necessity.
1. Subs. by Act 4 of 2018, s. 3 and the second Schedule, for "mentioned at (d) to (f)" (w.e.f. 5-1-2018).
Section 70 Powers of Authority.
(1) For the efficient performance of its functions, Authority shall have the following powers, namely:—
(a) to issue instructions to any Specialised Adoption Agency or a Children Home or any child care institution housing any orphan, abandoned or surrendered child, any State Agency or any authorised foreign adoption agency and such directions shall be complied by such agencies;
(b) recommending to the concerned Government or Authority to take appropriate action against any official or functionary or institution under its administrative control, in case of persistent noncompliance of the instructions issued by it;
(c) forwarding any case of persistent non-compliance of its instructions by any official or functionary or institution to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the same as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (2 of 1974);
(d) any other power that may be vested with it by the Central Government.
(2) In case of any difference of opinion in an adoption case, including the eligibility of prospective adoptive parents or of a child to be adopted, the decision of Authority shall prevail.
(a) to issue instructions to any Specialised Adoption Agency or a Children Home or any child care institution housing any orphan, abandoned or surrendered child, any State Agency or any authorised foreign adoption agency and such directions shall be complied by such agencies;
(b) recommending to the concerned Government or Authority to take appropriate action against any official or functionary or institution under its administrative control, in case of persistent noncompliance of the instructions issued by it;
(c) forwarding any case of persistent non-compliance of its instructions by any official or functionary or institution to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the same as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (2 of 1974);
(d) any other power that may be vested with it by the Central Government.
(2) In case of any difference of opinion in an adoption case, including the eligibility of prospective adoptive parents or of a child to be adopted, the decision of Authority shall prevail.
Section 71 Annual Report of Authority.
(1) The Authority shall submit an annual report to the Central Government in such manner as may be prescribed.
(2) The Central Government shall cause the annual report of Authority to be laid before each House of Parliament.
(2) The Central Government shall cause the annual report of Authority to be laid before each House of Parliament.
Section 72 Grants by Central Government.
(1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Authority by way of grants such sums of money as the Central Government may think fit for being utilised for performing the functions of Authority under this Act.
(2) The Authority may spend such sums of money as it thinks fit for performing the functions, as prescribed under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).
(2) The Authority may spend such sums of money as it thinks fit for performing the functions, as prescribed under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).
Section 73 Accounts and audit of Authority.
(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall, have the same rights and privileges and the Authority in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of Authority.
(4) The accounts of the Authority as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Authority.
(5) The Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament.
(2) The accounts of Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall, have the same rights and privileges and the Authority in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of Authority.
(4) The accounts of the Authority as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Authority.
(5) The Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament.
Section 74 Prohibition on disclosure of identity of children.
(1) No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published:
Provided that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child.
(2) The Police shall not disclose any record of the child for the purpose of character certificate or otherwise 1[in the pending case or in the case which] has been closed or disposed of.
(3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both.
Provided that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child.
(2) The Police shall not disclose any record of the child for the purpose of character certificate or otherwise 1[in the pending case or in the case which] has been closed or disposed of.
(3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both.
1. Subs. by Act 23 of 2021, s. 25, for "in cases where the case" (w.e.f. 1-9-2022).
Section 75 Punishment for cruelty to child.
Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both:
Provided that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, it shall be presumed that such abandonment is not wilful and the penal provisions of this section shall not apply in such cases:
Provided further that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees:
Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees.
Provided that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, it shall be presumed that such abandonment is not wilful and the penal provisions of this section shall not apply in such cases:
Provided further that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees:
Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees.
Section 76 Employment of child for begging.
(1) Whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees:
Provided that, if for the purpose of begging, the person amputates or maims the child, he shall be punishable with rigorous imprisonment for a term not less than seven years which may extend up to ten years, and shall also be liable to fine of five lakh rupees.
(2) Whoever, having the actual charge of, or control over the child, abets the commission of an offence under sub-section (1), shall be punishable with the same punishment as provided for in subsection (1) and such person shall be considered to be unfit under sub-clause (v) of clause (14) of section 2:
Provided that the said child, shall not be considered a child in conflict with law under any circumstances, and shall be removed from the charge or control of such guardian or custodian and produced before the Committee for appropriate rehabilitation.
Provided that, if for the purpose of begging, the person amputates or maims the child, he shall be punishable with rigorous imprisonment for a term not less than seven years which may extend up to ten years, and shall also be liable to fine of five lakh rupees.
(2) Whoever, having the actual charge of, or control over the child, abets the commission of an offence under sub-section (1), shall be punishable with the same punishment as provided for in subsection (1) and such person shall be considered to be unfit under sub-clause (v) of clause (14) of section 2:
Provided that the said child, shall not be considered a child in conflict with law under any circumstances, and shall be removed from the charge or control of such guardian or custodian and produced before the Committee for appropriate rehabilitation.
Section 77 Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child.
Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner, shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine which may extend up to one lakh rupees.
Section 78 Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance.
Whoever uses a child, for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine up to one lakh rupees.
Section 79 Exploitation of a child employee.
Notwithstanding anything contained in any law for the time being in force, whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees.
Explanation.--For the purposes of this section, the term "employment" shall also include selling goods and services, and entertainment in public places for economic gain.
Explanation.--For the purposes of this section, the term "employment" shall also include selling goods and services, and entertainment in public places for economic gain.
Section 80 Punitive measures for adoption without following prescribed procedures.
If any person or organisation offers or gives or receives, any orphan, abandoned or surrendered child, for the purpose of adoption without following the provisions or procedures as provided in this Act, such person or organisation shall be punishable with imprisonment of either description for a term which may extend upto three years, or with fine of one lakh rupees, or with both:
Provided in case where the offence is committed by a recognised adoption agency, in addition to the above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day affairs of the adoption agency, the registration of such agency under section 41 and its recognition under section 65 shall also be withdrawn for a minimum period of one year.
Provided in case where the offence is committed by a recognised adoption agency, in addition to the above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day affairs of the adoption agency, the registration of such agency under section 41 and its recognition under section 65 shall also be withdrawn for a minimum period of one year.