HIGH COURT OF KARNATAKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On the earlier date, the submissions were heard mainly about functioning of the Juvenile Justice Boards (for short, 'the JJBs') established under sub-section (1) of Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'the JJ Act').

(2.) Firstly, we are dealing with the issue concerning functioning of the JJBs in the State. As can be seen from the additional compliance memo filed by the State Government on 26th November, 2020, the JJBs have been established in thirty districts. In Bengaluru urban district, two JJBs have been established. The districts of Bijapur, Dakshina Kannada and Kalaburagi also have two JJBs.

(3.) Now, we go into the question regarding constitution and functioning of the JJBs, as provided in sub-sections (1) and (2) of Section 4 of the JJ Act. It is the obligation of the State Government to constitute for every district one or more JJBs for exercising the powers and discharging its functions relating to children in conflict with law within the meaning of JJ Act. As per sub-section (2) of Section 4, the JJBs shall consist of a Metropolitan Magistrate or a Judicial Magistrate of first class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (Principal Magistrate) with at least three years experience and two social workers selected in such manner as may be prescribed. The JJBs have powers of a Metropolitan Magistrate or a Judicial Magistrate of First Class under the provisions of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C). The powers, functions and responsibilities of JJBs have been laid down under Section 8 of the JJ Act.