POLICE: ROLE AND FUNCTION

IN REALTION TO CHILDREN IN NEED OF CARE AND

PROTECTION AND CHILDREN IN CONFLICT WITH LAW

INTRODUCTION
Consider a child to be a sapling. Just like a sapling needs proper care and protection to
developinto a full grown and shade providing tree, similarly a child needs proper care, protection
and guidance to grow into a responsible adult and a law abiding citizen. Not every child is
blessed to have been born in a socially and economically well off family. Not every child has
loving and caring parents. Some are unfortunate enough to be orphaned or abandoned. It is in
dealing with these kinds of children that the aspect of care and protection becomes more
important. Because of their peculiar mental, physical and psychological needs these children
require special handling irrespective of the fact, whether they are in a situation of conflict with
law or in need of care and protection. 1Often it is the police who first comein contact with these
children. Thus, the role of police in relation to children in need of care and protection (CNCP),
and children in conflict with law (CCL) becomes important.

WHO IS A CHILD?
From the societal point of view there are varied definitions of a child.2 For example,
For parents, their children will always remain children even if they are married and have their
own kids. Parents will always treat their children as someone who is less experienced and
someone who is in constant need of guidance and support.

1Guidelines for Police Officers of the Special Juvenile Police Unit, 1 st ed.,2009, p.1, Department of
Women and Child Development, Govt. of India.
2 Manual for Trainers: Training on Juvenile Justice System for Police Officials, 1 st ed., p.73, 2009, Department of
Women and Child Development, Govt. of India.

For police, only the very young children, i.e. children below 10 years, are seen as children, while
the older ones, especially the adolescents are seen as young adults capable of planning their own
life, including planning crime.
When it comes to marriage, suddenly a child is seen as a gown up ready for marriage and
capable of running a family. In India the incidence of child marriage is very high.
Oxford Dictionary defines child as a young human being below the age of full physical
development.
Since there are various definitions of child in the society, it therefore becomes important to give
a legal definition of child. Until and unless a child is given a legal definition, his rights in the
society will not be recognized and it will be subjected to varied interpretations, thus, keeping
them out of the ambit of the justice system.

WHAT IS THE LEGAL DEFINITION OF CHILD IN INDIA?

The legal definition of child as provided in Section 2(k), Juvenile Justice (Care and Protection of
Children) Act, 2000 states that a person who has not completed eighteenth year of age is a child.
However, there are also other legal definitions of a child that has been provided in the Indian
legal system. In these definitions the conception of a child tends to vary depending upon the
purpose of law which defines it. For example,
TheIndian Majority Act,1875 gives the age of majority as eighteen.3
The Prohibition of Child Marriage Act,2006provides that a male below 21 years of age and a
female below 18 years of age are considered as children and cannot get married.4
The Motor Vehicles Act, 1988 states that, No person under the age of 18 years shall drive a
motor vehicle in any public place.5
3 S. 3, The Majority Act,1875
4 S.2(a), The Prohibition of Child Marriage Act, 2006
5S.4,The Motor Vehicles Act, 1988

The Indian Contract Act, 1872 provides that a person below the age of 18 does not have the legal
capacity to enter into a contract.6
The Indian Constitution provides the age of the child for free and compulsory education to be 6
to 14 years7, for employment in any factory, mine or for any other hazardous employment to be
not below 14 years of age8. The age of voting is 18years.9
The Indian Penal Code,1860 provides that, Nothing is an offence which is done by a child under
seven yearjs of age.10 An offence committed by a child above 7 years of age but, below 12 years
of age not possessing sufficient level of maturity and understanding as to the nature and the
consequence of his conduct cannot be said to be an offence.11
Similarly, different ages are provided in different Acts such as, The Factories Act of 1948, The
Mines Act of 1952, The Apprentices Act of 1961, The Child Labour (Prohibition and Regulation)
Act,1961depending upon the different purposes of legislation.
Even the United Nations Convention on the Rights of the Child,1989 defines child as a human
being who is below 18 years of age unless, under the law applicable to the child, he attains
majority earlier.12 India being a signatory to this International Treaty is under an obligation to
conform to the provisions of the treaty and thus, it is desirable that the age of a child in Indiabe
minimum 18years.

6S.11,The Indian Contract Act, 1872

7 A. 21, The Constitution of India
8Id. A. 24
9id. A. 326
10 S. 82, The Indian Penal Code, 1860
11Id. S. 83
12 A. 1, United Nation Convention on the Rights of the Child, hereinafter CRC

WHO IS A CHILD IN NEED OF CARE AND PROTECTION (CNCP)?

This category of children includes a whole range of neglected children such as,

Street Children
Missing Children
Abandoned Children
Bonded Labour
Surrendered Children
Trafficked Children
Abused Children
Disabled Children (mental and physical)
Sick Children
Children suffering from terminal diseases
Children who are victims of armed Conflict, natural calamity and civil commotion.13

A detailed and exhaustive definition of child in need of care and protection has been provided
in Section 2(d) of the JJ Act.

ROLE OF POLICE IN DEALING WITH CHILDREN IN NEED OF CARE

AND PROTECTION
The police are the most visible institution of the criminal justice system. 14 When the police
apprehend a child for allegedly committing an offence, it is generally the first point of contact
between the child and the juvenile justice system. 15In most cases it is police on behalf of the
State that first comes in contact with CNCP hence,the first step towards these children may be
very crucial in deciding their future.
The different roles of police in dealing with CNCP are:16

13Supra note 2 at p.85-94

14Clive Coleman and Clive Norris, Introducing Criminology, 2000, p.116, William Publication, Devon, UK
15 R. N. Choudhry, Law Relating to Juvenile Justice in India, 3rd ed., 2009, p.15, Orient Publishing
Company, Allahabad
16Supra note 2 at pp.99-104

1. Identification of Children in Need of Care and Protection

The Beat Officer/Protection officer should be able to identify a child in need of care and
protection in their concerned area. Police may also get information about such children from
NGOs, civil society actors or even the child himself may directly approach the police looking for
help and assistance.

2. Rescue/ receiving
After having identified a child in need of care and protection, the police should rescue the child
from an exploitative situation and be sensitive while dealing with children in need of care and
protection on the spot of rescue.

3. Procedure to be Followed by Police on Identification/Receipt/Rescue of

Children in Need of Care and Protection
i.

Fulfillment of basic needs-On rescuing the child or receiving the child brought by
someone, the police must immediately understand and fulfill the basic need of the
child such as providing food, clothing, footwear, etc. The basic needs of the child
may differ depending upon his/her age, gender, circumstances and, mental and
physical health. For example, in case of an abused child, the basic need would be to
ease his/her mental agony and for this purpose the police should facilitate an NGO

ii.

worker to interact with the childvictim.

DD Entry/FIR - The police should make a DD Entry in everycase of CNCP. The
police should take action against the offender under various section of the Indian
Penal Code, JJ Act and all other legislations applicable against the child offender.
Delhi High Court in Court on itsOwn Motion v. State of NCT Of Delhi17stated that
the responsibility of lodging a police complaint against the employer employing

iii.

child labour lies with the Police and not with the Labour Department.
Medical Examination/MLC - Medical examination is very important as it provides
scientific evidence against the accused. But, it should not be done for all children,
until and unless the case is of a physical or sexual abuse and where sickness is
suspected or stated by the child.18 Any medical or gynecological examination is not a

17 W.P.(C)4161/2008

pre-requisite for production of child before CWC.19One should not forget that a child
victim has already gone through a lot of physical and mental torture, and he should
not be made to go through any further hardship. There are judgments of various High
Courts which reflect the trauma of a child when he is made to go through the
medical examination conducted intensively.The Delhi High Court in Court on its
Own Motion v. State &Anr.20, Order dated 14.08.07 and in Delhi Commission for
Women v. Delhi Police21, Order dated 23.04.09laid out guidelines to be followed by
iv.

police as well as doctors and hospitals.

Production Before Child Welfare Committee (CWC)- Police must produce CNCP
before the CWC within 24 hours, excluding the time of journey22along with the
circumstances report.23Where the child is under two years of age and is medically
unfit, the police shall send a written report along with the photograph of the child to
the committee within 24 hour and produce the child before the committee as soon as

v.

the child is medically fit along with a medical certificate to that effect.24
No Claimant Report or Untraced Report- Many young children in need of care and
protection can be given in adoption after CWC declares such children to be legally
free for adoption. Thus, when the adoption agency approaches police for obtaining a
no claimant report, police should if there is no one claiming the child, grant the
report. In case of an infant, less than 2 years of age, the police can grant the report
only after two months has elapsed since the publishing of the advertisement in the

18Supra note 1 at p.6

19 Rule 27(8), The Juvenile Justice (Care and Protection of Children) Rules, 2007, hereinafter JJ Rule
20 W.P. (Crl.) No. 930/2007
21 W.P. (Crl.) No. 696/2009
22 S. 32, JJ Act and Rule 27(1), JJ Rule
23 Rule 27(7), JJ Rule
24 Rule 27(2), JJ Rule

newspaper and television about the missing child. Untraced report is required for an
abandoned child, stating that the parent/guardian of the child cannot be traced. It is
vi.

only theDCP/Dy.SPwho has the authority to grant the untraced report.

Restoration- It is the responsibility of the third battalion of the police to escort child
to the home state/residence for restoration or transfer of child as per the orders of the

vii.

CWC.
Statement under Section 164 Cr.PCPolice is required to produce the child before
the first class magistrate for recording his statement under section 164 Cr.PC.
However the statement of the child is not to be recorded in all the cases. Where it
appears that the child might resile from his earlier statement under pressure e.g.
custodial rape, incest, child prostitution, child trafficking etc., the recording of the
childs statement may be done away with. Anyways the childs statement will be
recorded when the case comes up for trial. When a child placed in an institution has
to be taken before a magistrate for recording of his statement, appropriate permission
from the CWC and the officer in-charge of the institution is required to taken by the
police. The police should also ensure that a Welfare officer/Social Officer/ counselor

viii.

accompany the child to the court.

Practicing Non-Discrimination- Police have to be sensitive while dealing with
CNCP. They should not discriminate between children on the basis of their social
status or gender. They should remember that these are children in need of immediate

ix.

care and protection, and at the moment, most vulnerable.

Establishing Working Relationship with Different Stake Holders- It is important
for the police to establish contacts with different stake holders such as the Child
Welfare Committee, the Social Welfare Department, the Women and Child

x.

Development Department, the Labour Department, Childline and NGOs.

Standard Operating Procedures (SOPs)/Circulars Regarding Specific Categories
of Children- Police should be updated on circulars and orders from the different
department relating to children, especially those falling within the category of
CNCP. These will be helpful to the police in deciding their course of action.

WHO IS A CHILD IN CONFLICT WITH LAW(CCL)?

As per Section 2(l) of JJ Act, juvenile in conflict with law means a juvenile who is alleged to
have committed an offence and has not completed eighteenth year of age as on the date of the

commission of the offence. The word juvenile here means a child as has been given in Section
2(k) of the JJ Act which states that juvenile or child means a person who has not completed
eighteenth year of age.

CAN CHILDREN IN CONFLICT WITH LAW ALSO BE TREATED AS

CHILDREN IN NEED OF CARE AND PROTECTION?
Yes, some children in conflict with law can also be treated as children in need of care and
protection depending upon the specific situation, nature of the offence and the possibility of
placing them with CNCP, without any likelihood of causing harm to the others. Such children
would include:25

Orphaned children alleged to have committed an offence

Street children alleged to have committed a petty offence
Children who break the law for the first time

Minors found in prostitution and begging are no longer treated as children in conflict with law. 26
With the enactment of the JJ Act these children are recognized as children in need of care and
protection because of their peculiar situation of being vulnerable to various kinds of exploitation
and harm. Rule 11(8), JJ Rule specifically provides for the same.27

SPECIAL JUVENILE POLICE UNIT (SPJU)

Rule 12 of the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice also called The Beijing Rules states that In order to best fulfill their functions, police
officers who frequently and exclusively deal with juveniles or who are primarily engaged in the
prevention of juvenile crime shall be especially instructed and trained. In large cities, Special
Police Units should be established for this purpose.
25Supra note 2 at p.116
26Ibid.
27 Rule 11(8), JJ rule- In such cases where apprehension apparently seem to be in the interest of the
juvenile, the police or the Juvenile or the Child Welfare Officer from the nearest police station, shall
rather treat the Juvenile as a child in need of care and protection and produce him before the Board,
clearly explaining the juveniles need of care and protection in its report and seek appropriate orders from
the Board under rule 13(1)(b) of these rules.

In keeping with the above rule, The Juvenile Justice (Care and Protection of Children) Act, 2000
provides for the establishment of SJPU at the district level for handling matters concerning
juveniles or children in need of care and protection.28
The SPJUs are headed by the SP/DCP with Dy.SP/ ACP as Nodal Officers and consists of:

A Designated Inspector Rank Police Officer29

Two Social Workers, of whom at least one should be a woman30
The Designated Juvenile or Child Welfare Officers of the District31
NGOs invited and recognized by the police for providing assistance in cases involving
children32

ROLE OF POLICE IN DEALING WITH CHILDREN IN CONFLICT

WITHLAW
LODGING OF FIR (RULE 11(11))
No FIR is required to be filed in case of a child in conflict with law, except where the alleged
offence is a serious offence. In case of a non-serious offence, police is required to make an entry
in the general diary and clearly state the reasons for not recording an FIR.33

28 S. 63 JJ Act
29 Rule 84(1), JJ Rule
30Ibid.
31 S. 63(2), JJ Act r/w Rule 84(3), JJ Rule
32Supra note 2 at p.122
33Supra note 1 at p.12

However, if there is an adult co-accused, the FIR will be registered irrespective of the quantum
of punishment.34

APPREHENSION OF JUVENILE
In serious offences involving punishment for more than seven years, the juvenile will have to be
necessarily apprehended.35
In less serious offences involving punishment of less than seven years, the juvenile is not to be
apprehended except where apprehension is in the interest of the juvenile and/or the juvenile is in
the dual category of child in need of care and protection and child in conflict with law.36
In petty offences where the cases can be disposed off at the police station by way of advice and
admonition, no apprehension is required, except where the child has no parent/guardian or the
parent/guardian are not fit to take care of the child and the child can be treated as CNCP.

DUTIES UPON APPREHENSION

i.

Inform the Parents/Guardian and the SJPU/Designated PoliceOfficer- As soon as the

juvenile is apprehended the concerned police officer shall inform:
a) The SPJU or the designated Juvenile or Child Welfare Officer of the nearest police
Station to take charge of the matter.37
b) The parents/guardian of the juvenile alleged to be in conflict with law about the
apprehension of the juvenile and also, the time, date and address of the production of the
juvenile before the Juvenile Justice Board.38
c) The Probation Officer to enable him to obtain information regarding the antecedents and
family background of the juvenile, and other material circumstances likely to be of the

34Supra note 2 at p.123

35 Rule 11(7), JJ Rule
36 Rule 11(9), JJ Rule
37 S.10(1), JJ Act r/w Rule 11(1)(a), JJ rule
38 S.13(a), JJ Act r/w Rule 11(1)(b), JJ Rule

assistance to the Board for making theinquiry.39 This is known as the Social Investigation
ii.

Report or SIR.
Deal with Parents of Children in Conflict with Law- After having given the
information about the apprehension of the juvenile to his/her parents, police is required to
explain to the parents/guardian about the possible need of personal bond or surety as
provided in Section 50(2), Cr.PC. Police is also required to give a copy of the police
report to the parent/guardian free of cost and ask for the documents regarding the age of

iii.

the juvenile.40
Production before JJB- The Juvenile or Child Welfare Officer should produce the
juvenile before the JJB within twenty four hours of the apprehension excluding the time
necessary for the journey.41 In case the child in conflict with law is apprehended at a time
when the JJB is not sitting, then the child should be produced before the Principal
Magistrate42 and/or any other member of the JJB. 43Delhi High Court in Court on its Own
Motion v. State, GNCTDand Others44, held that production before the Board should be
immediate.
Police officer investigating the case should procure the age proof in strict adherence to
Rule 12(3)(a),JJ Rule and submit the same to the JJB at the time of the production of the
juvenile. If the police officer due to reasons beyond his control is not able to submit the
age proof, then he could do the same at the latest before the filing of the charge sheet
and/or final report.45

39 S.13(b), JJ Act r/w Rule 11(1)(c), JJ Rule

40 S.50(1) r/w S.50A(1), JJ Act and S.207, Cr.PC
41 S.10(1), JJ Act
42Supra note 1 at p.12
43 S.5(2), JJ Act r/w Rule 11(10)
44 W.P (C) No. 8801/2008
45Supra note 1 at p.14

iv.

Grant of Bail-Section 12,JJ Act provides that every child in conflict with law is entitled
to be released on bail irrespective of the fact whether the alleged offence is bailable or
non-bailable, with or without surety, except where there are reasonable grounds for

v.

believing that:
Release is likely to bring the juvenile in association of a known criminal
Expose the juvenile to moral, physical or psychological danger
Release would defeat the ends of justice.
Prepare Social Background Report46-Rule 12(7),JJ Rule provides for the preparation of
the Social Background Report(SBR).The designated Juvenile or Child Welfare Officer is
required to prepare a Social Background Report about the social and economic condition
of the juvenile in conflict with law and his family.
SBR has to be prepared for every juvenile whether the offence alleged to have been
committed is an offence punishable with a sentence of less than or more than seven years.

SBR includes the following information:

Number of Family Members

Occupation
Monthly Income
Literacy Level
Status of Childs Education
Any Information about the Childs Day-to-day activities that may be collected
from the child or his/her family

The list is not exhaustive and great care needs to be taken in preparation of the social background
report. The police should not be in uniform while making any visit to the juveniles
home/family/neighborhood. As far as possible, all information relating to the SBR is to be
collected from the juvenile and his/her family members only. Under no circumstances should the
police mention the case while talking to his/her neighbours.

46Supra note 2 at p.125

GUIDING PRINCIPLE WHILE DEALING WITH CHILDREN

i.
ii.
iii.
iv.
v.

Juveniles should not be sent to lock-up.47

Under no circumstance a juvenile is to be handcuffed or put in fetters.48
Juvenile should be treated in a manner consistent with their sense of dignity and worth.
Police is to be responsible for the safety, food and basic amenities of the juvenile.49
Police shall attend board proceedings in plain clothes and shall not wear police uniform

vi.

except at time of arrest.50

A female Child in conflict with law should probably be kept in charge of a female

vii.

Juvenile or Child Welfare Officer.51

His/her privacy is to be fully respected and all records of CCL are to be kept strictly

viii.

confidential.52
CCL has right to family protection. But, if it is not in the best interest of the child then
the custody of the child should not be given to the family. Amod K. Kanth in his article,
Rescue Operation of the Neglected Children in the Red Light Area of G.B. Road, Delhi:
The Unanswered question has indeed put up the unanswered question as to whether the
provisions of the law will remain a dead letter. We accuse police of not doing its duty but
when police actually tries to do something such as rescuing of the neglected children
from the red light area of G.B. Road who were suspected to have been kidnapped and
forced to enter the trade market of flesh, where they are abused and exploited for immoral
and illegal purposes, and for unconscionable gains, the act of the police is considered as
atrocious for having separated the children from their prostitute mothers. In fact, huge

47 Rule 11(3), JJ Rule and proviso to S.10(1), JJ Act

48 Rule 76, JJ Rule
49 S.11(13), JJ Act
50 Rule 75, JJ Rule
51Supra note 1 at p.14
52Ibid.

hue and cry was made by the media and the society. In the words of Kant, If it is not
police, who,then - among the NGOs and social workers will take the initiative to
ix.

rescue,protect and rehabilitate these children?53

CCL is presumed to be innocent until proven guilty and therefore, they should not be
compelled to confess guilt. CCL should not be interviewed at a premise which gives them
the feeling of being in a police station and/or under custodian interrogation. If the parents
of a child in conflict with law so desires, the juvenile should be interviewed at home. The
summary of the interview should be recorded in the form of the Version of the Child in

x.

Conflict with Law.

In case of a street child and missing/found child details should be sent to :
Child line/NGOS
CWC
Missing Person Squad

CONCLUSION
In the light of above discussions and arguments, older juveniles i.e. juveniles in the age group of
16 to 18 years exhibit relatively adult like competence and they appear to understand and
exercise their rights against self-incrimination and right to have a counsel the same way as adults
do. However, juveniles of 15 years of age and below lack competence to exercise rights. Police
obtain more false confessions from these young juveniles than from the older juveniles, though
the latter committed much larger proportions of crime and also of serious nature. Once these
juveniles waived their rights, police used the same strategies to question them as they do to the
adults.
In spite of having a comprehensive legislation for CCL and CNCP, yet there is gross violation of
childrens right within the juvenile justice system itself. Instead of being an upholder of law and
order in the society, it is often seen that Police officials themselves treat children in brutal and
abusive manner thus, violating all their Constitutional and human rights.

53Amod Kant, Rescue Operations for the Neglected Children in Red Light Area of G.B.Road, Delhi:
The Unanswered Questions, Neglected Child http://www.crin.org/resources/infodetail,asp?

ID=31382 (visited on August 23, 2015)

BIBLIOGRAPHY

The Juvenile Justice (Care and Protection of Children) Act,2000

The Juvenile Justice (Care and Protection of Children) Rules,2007
Amod Kant, Rescue Operations for the Neglected Children in Red Light Area of G. B.
Road, Delhi: The Neglected Child
http://www.crin.org/resources/infodetail,asp?ID=31382 (visited on August 23, 2015)

POLICE: ROLE AND FUNCTION

IN REALTION TO CHILDREN IN NEED OF CARE AND
PROTECTION AND CHILDREN IN CONFLICT WITH LAW

A Research Article

Submitted in Partial Fulfillment of the Requirement of Paper - Legal and

Social Science Research Methods
(Paper no - LM 3011)

Submitted To:

Submitted By:

Prof. S.C. Raina

ASHISH KUMAR

Faculty of Law
Delhi University

Roll No: 18
LL.M. V Term
(3 Year Course)