1. CHILDLINE under Juvenile Justice System

2. Definition
CHIDLINE services means:
“a twenty four hours emergency outreach service for children in crisis which links them to emergency or long term care and rehabilitation service.”
Section 2 (25) of JJ Act, 2015

3. Mandate of CHILDLINE
Responding to calls received on the Childline Services 1098 on a 24/7 basis;
City mapping to identify high risk areas where vulnerable children are found;
Intervention and case follow-up on a daily basis;
Awareness and outreach in the community on a daily basis;
Monthly open house with children who are users of the Childline Services and to understand issues that concern them;
Internal meetings once a week to discuss cases and follow-up;
Maintaining computerized documentation on each call received;
Submission of monthly reports to the CIF.

4. Mandatory reporting
Any individual or a police officer or any functionary of any organisation or a nursing home or hospital or maternity home, who or which finds and takes charge, or is handed over a child who appears or claims to be abandoned or lost, or a child who appears or claims to be an orphan without family support, shall within twenty-four hours (excluding the time necessary for the journey), give information to the Childline Services or the nearest police station or to a Child Welfare Committee or to the District Child Protection Unit, or hand over the child to a child care institution registered under this Act, as the case may be.
(Section 32)

5. Mandatory reporting
If the person fails to give information regarding such child shall be liable to get punishment up to 6 months or fine of Rs. 10,000 or both.

6. Mandatory reporting - Production
Any child in need of care and protection may be produced before the Committee during working hours at its place of sitting and beyond the working hours before the member as per the duty roster without any loss of time but within 24 hours excluding the time of journey.
(Section 31 and Rule 18(1))
Prepare a report in Form 17 containing the particulars of child and circumstances in which the child was received or found. (Rule 18 (2))
If child less then two years of age, who is medically unfit, the persons who comes in contact with the child shall make a written report along with the photograph of child to the Committee within 24 hours. (Rule 18 (3))

7. Intervention by CHILDLINE
Reach out to such children
Counsel the child
Produce the child before concerned Child Welfare Committee
Comply with the orders of CWC regarding child rehabilitation
Follow up

8. Points to be considered during Intervention
If child appears or claims to be lost or missing, then immediately informed the police and register an FIR.
If child appears or claims to be abandoned, then no FIR will be registered against any person.
During the intervention, confidentiality of child and his case must be maintained.
If child faced any kind of abuse or violence, then FIR must be registered.
Do not handover any child directly to any person or institution.

9. Prohibition on disclosure of identity of children
Disclosing the identity of any child by reporting in Newspaper, Magazine, News- sheet, audio-visual media and other forms of communication.
In any circumstances the media should not be disclosed the identity of any children whether he/she is child in conflict with law or child in need of care and protection or child victim or witness of a crime.
The police too do not have right to disclose the identity of child without the permission of CWC or JJB.
The person disclosing the identity of children shall be punished with imprisonment more than 6 months or up to 2 lakh rupees fine or both.

10. Punishment for cruelty to child
Any person who is having actual charge of child doing cruelty with child like : assaults, abandons, abuses, exposes, neglect, by which child go through physical or mental injury; is liable to get punishment of 3 years imprisonment or fine with 1 lakh or both.
If the same is done by any entrusted person of any organization, institutions will be punished with up to 5 years of imprisonment or fine up to 5 lakh rupees.
If child suffers through any physical or mental illness in performing the regular task then such person will be liable to get punishment of imprisonment of not less than 3 years which get extended up to 10 years and fine of 5 lakh rupees.

11. Punishment for cruelty to child
Giving a child in marriage is also considered as cruelty to the child. On receipt of information of risk of a child being given in marriage, the police or CMPO shall produce the child before the Committee for appropriate directions and rehabilitative measures.
Where an act of cruelty to a child takes place in a Child Care Institution, or a school, or in any other place of care and protection to the child, JJB/CWC or Children Court shall provide alternative rehabilitation for the child.
Medical care and treatment by a hospital or clinic shall be provided free of cost. A failure to respond immediately resulting in serious injury, irreversible damage or threat to life or death shall be deemed to be willful neglect of the child and shall tantamount to cruelty under section 75 of the Act.

12. Employment of child for begging
Begging means:-
Soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, under any pretense;
Exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or any other person or of an animal.
Using a child for begging or causes any child to beg will be punishable to imprisonment which can be extended up to 5 years and fine of 1 lakh.
If a person injure a child or make them disable then he/she is liable get imprisonment of not less then 10 years and fine of 5 lakh rupees.

13. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to child
If any person other than duly qualified medical practitioners give intoxicating liquor and narcotic substance or tobacco products to child will get punishment which may extend up to 7 years of imprisonment and fine which extend up to 1 lakh rupees.
The police shall enquire as to how the child came under the influence of, or possession of such intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products and shall register an FIR forthwith.
(2) The child who has been administered narcotic drugs or psychotropic substances or is found under the influence of the same, JJB or CWC shall pass appropriate orders regarding rehabilitation and de-addiction of the child.

14. Using child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance
If a person uses a child for all these purpose will be liable to get punishment which may extend up to 7 years and fine up to 1 lakh rupees.
Whenever a child is found to be vending, carrying, supplying or smuggling an intoxicating liquor, narcotic drug, or psychotropic substance, the police shall enquire how and from whom the child came into possession of the intoxicating liquor, narcotic drug, or psychotropic substance and shall register an FIR forthwith.
A child who is alleged to have committed an offence shall be produced before the Board, which may transfer the child to the Committee, if the child is also in need of care and protection.

15. Exploitation of child employee
whoever engages a child for employment or keep child as bondage or withholds his/her earnings and uses the same for his own purpose will get punishment which gets extended up to 5 years of imprisonment and fine of 1 lakh.
Employment includes selling of good and services and entertainment in public places.

16. Punitive measures for adoption without following prescribed procedures
If any person or organization gives or receive any child for adoption without any prescribed procedures then he will be liable to get imprisonment which extended upto 3 years and fine of 1 lakh or both.
If the same is done by any adoption agency the registration of the same will be withdrawn for the period of 1 year under section 41 & section 65.
A child who has been so offered, given or received for the purpose of adoption shall be produced before the Committee forthwith which shall pass appropriate directions for rehabilitation of the child.

17. Sale and procurement of children for any purpose
If a person buys or sells a child for any purpose will get rigorous punishment which extended to 5 years and fine of 1 lakh rupees.
If the same will be done by any entrusted person who has control over child including hospital, nursing home, maternity home will get punishment of not less than 3 years of imprisonment which can be extended up to 7 years.
Giving or agreeing to give, receiving or agreeing to receive any payment or reward in consideration of adoption, except as permitted by CARA shall amount to an offence.
Where any offence is committed by a parent or a guardian of the child or any other person having actual charge or custody of the child, the Committee shall pass appropriate orders for placing the child in a Child Care Institution or with a fit person.

18. Corporal Punishment
Corporal Punishment means subjecting of a child by any person to physical punishment that involves deliberate infliction of pain as retribution of an offence for the purpose of disciplining or reforming the child.
Any person in-charge of child care institution, who beats child for discipline is liable for Rs. 10,000 in the conviction. But if he repeats the same will be liable for imprisonment to 3 months or fine or both.
Also, the person will be liable for dismissal from service and shall be expelled from working directly with children.
If a person of any CCIs disobey the order of State Government, Committee or Board will be liable to get punishment not less than 3 years and fine which may extend to 1 lakh rupees.

19. Use of child by militant groups or other adults
Any non-state, self styled militant group or outfit declared by central government uses child for any purpose will be liable to get punishment of imprisonment which extend up to 7 years and fine of 5 lakh rupees.
If any adult or any adult groups uses child for illegal activities individually or as a gang will be liable to get punishment of imprisonment extended to 7 years and fine of 5 lakh rupees.

20. Kidnapping and Abduction of child
This provision will apply to child or a minor who is under 18 years of age for this, the provision of section 359 to 369 of Indian Penal Code will apply.
If any adult or any adult groups uses child for illegal activities individually or as a gang will be liable to get punishment of imprisonment extended to 7 years and fine of 5 lakh rupees.

21. Offence committed on disabled children
If any person commits any offence to a child who is disabled as so certified by medical practitioners will be liable to twice the penalty provided for such offence.

22. Penalty for non-reporting regarding a child found separated from guardian
Any Individual or a police officer or any functionary of any organization or nursing home or hospital or maternity home who or which finds and takes charge or is handed over a child who appears or claims to be abandoned or lost or a child who appears or claims to be an orphan without family support, shall give information to Childline, police station, to CWC, or to DCPU or handover the child to Child Care Institution.
If the person fails to give information regarding such child shall be liable to get punishment up to 6 months or fine of Rs. 10,000 or both.

23. Classification of offences and designated court
S. No.
Type of Offence
Classification of Offence
Trial Court 1.
Liable for imprisonment of >7 years
Cognizable, Non-bailable
Children’s Court 2.
Liable for imprisonment of ≥ 3 years but < 7
Judicial Magistrate of First Class 3.
Liable for imprisonment of < 3 years or fine
Non-cognizable, bailable
Any Judicial Magistrate

24. Child friendly judicial procedure

25. Pre-Trial
Special children’s rooms may be designated in every Court Complex with facility for-
separate space for children waiting and children who are giving their statement or interview;
video-conferencing facilities for interacting with children,
provision for entertainment for children such as books, games, etc.
Statements and interviews, shall be recorded through child friendly procedure in a children’s room.
The Legal Services Authority may provide a support person or para legal volunteer for –
pre-trial counselling and to accompany the child for recording of the statement
who shall also familiarize the child with the Court and Court environment in advance, and
where the child is found to have been disturbed by the experience of coming to the Court, orders for video-conferencing may be passed by the Court, on an application moved by the support person or para- legal volunteer or by the Legal Services Authority, on behalf of the child.

26. Pre-Trial
The Magistrate shall record the statement of the child under section 164 of the Cr.PC, 1973 in the Children’s room or, if possible in the child’s place of residence including, home or institution where he or she is residing.
The statement shall be recorded verbatim as spoken by the child.
The statement may also be recorded by audio-visual means as per the provisions of sub-section (1) of section 164 of the Code of Criminal Procedure, 1973.
The child may be accompanied by parent/guardian/social worker.

27. Pre-Trial
If the child victim or witness does not belong to the District or State or Country, the statement/interview/deposition of child may be recorded through video conferencing.
Where video-conferencing is not possible, all necessary accommodation, travel expenses for the child and a guardian accompanying the child will be provided as per actuals.
Separate rooms for vulnerable witnesses may be designated in every Court Complex to record the evidence of child witnesses.

28. Child-friendly atmosphere during trial
Parents/guardian(s) or any another person of the child’s choice, or fit person, or representative of the fit institution identified, or psychologist appointed by the Committee or Court, shall accompany the child at all times, on approval of the Court.
Psychological counselling may also be provided to the child wherever necessary.
The language used to be familiar to the child and if needed translators and special educators to be made available.
Before the statement of the child is recorded, the Court to ensure that the child is capable of making a voluntary statement.

29. Child-friendly atmosphere during trial
No statement of the child to be disregarded as evidence in the trial solely on the basis of the age of the child.
Images or statements admissible in the interview of the child not to be detrimental to the mental or physical well- being of the child. 
Length and questions admissible at the interview not to be taxing and to be suitable to the attention span of the child.
In case of young children, or otherwise incapacitated child, alternative methods of interaction and evidence collection that is less intimidating to be adopted.
The Court to ensure that at no stage during trial, the child comes face to face with the accused.

30. Child-friendly atmosphere during trial
Special permission from school and arrangement for remedial classes for days lost to be ensured by the school authorities.
The child may be represented by a lawyer of his choice/Public prosecutor/lawyer designated/empanelled by the Legal Services Authority.
All functionaries of the Court and others concerned may be sensitized on the special needs of children and child rights.
After the process of trial: The child or guardian should be informed of the decision of the judicial proceeding and its implication. The child or guardian should be made aware of his legal options.

31. Non-Compliance of the Act and the Rules
Any officer/institution, statutory body etc., who fails to comply with the provisions of the Act and the Rules framed thereunder, the State Government may take action against such officer/institution, statutory body etc. after due inquiry and simultaneously make alternative arrangements for discharge of functions for effective implementation of the Act.

32. Suggestions
Ensure DD entry or FIR at the level of Police Station as the case may be.
Seek written orders of CWCs and other authorities, before getting into any action.
Submit action taken/compliance report in writing to the authorities.
Ensure proper counselling of every child comes in contact with CHILDLINE.
Provide the copies of relevant documents to child and concerned authorities.

33. Thank you