Section 82 of the IPC states that nothing is an offense that is done by a child under seven years of age. Section 83 says that nothing is an offense which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion. So, therefore, these children are not treated like an adult who commits a crime. Section 2 of the Juvenile Justice Act defines the important terminology of the act. It defines“juvenile” or “child” means a person who has not completed the eighteenth year of age whereas “juvenile in conflict with law” means a juvenile who is alleged to have committed an offense and has not completed the eighteenth year of age as on the date of commission of such offense.
The Supreme Court ruled that regardless of the nature of the offense committed, juvenile justice law should prevail in juvenile cases in Raj Singh v. the State of Haryana. When the juvenile plea can be raised, at any time, even after the person has been convicted by the court of the first instance, the plea of a minor can be raised.https://blog.ipleaders.in/all-about-juvenile-justice-act/
Section 9 of the Act talks about the Special Care home –
(1) Any State Government may establish and maintain either by itself or under an agreement with voluntary organisations, special homes in every district or a group of districts, as may be required for reception and rehabilitation of juvenile in conflict with law under this Act.
(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 reception of juvenile in conflict with law to be sent there under this Act, it may certify such institution as a special home for the purposes of this Act.
(3) The State Government may, by rules made under this Act, provide for the management of special homes, including the standards and various types of services to be provided by them which are necessary for re-socialisation of a juvenile, and the circumstances under which, and the manner in which, the certification of a special home may be granted or withdrawn.
(4) The rules made under sub-section (3) may also provide for the classification and separation of juvenile in conflict with law on the basis of age and the nature of offences committed by them and his mental and physical status.
Section 40 of the JJ Act talks about the process of rehabilitation and social reintegration.—The rehabilitation and social reintegration of a child shall begin during the stay of the child in a children’s home or special home and the rehabilitation and social reintegration of children shall be carried out alternatively by-
(i) adoption, (ii) foster care, (iii) sponsorship, and (iv) sending the child to an after-care organisation.
Whereas the Act says that the Foster care.—
(1) The foster care may be used for temporary placement of those infants who are ultimately to be given for adoption.
(2) In foster care, the child may be placed in another family for a short or extended period of time, depending upon the circumstances where the child’s own parent usually visit regularly and eventually after the rehabilitation, where the children may return to their own homes.
(3) The State Government may make rules for the purposes of carrying out the scheme of foster care programme of children.