Child or teenager (under 18) caught by police or accused of a crime in India? What parents should do — Juvenile Justice Board within 24 hours, no lock-up, bail as the rule (JJ Act s.12), age proof (s.94), inquiry in 4 months, 16–18 heinous-offence assessment (s.15), records cleared (s.24) (2026)
Plain step-by-step guide for parents when a son or daughter below 18 is picked up by police, named in a complaint or FIR, or called to a police station: how the Juvenile Justice Act protects children, what police may and may not do, how bail works before the Juvenile Justice Board, which documents prove age, what happens in the inquiry, and how the record is cleared. Educational only — not legal advice. Adhiwakta does not file bail applications or contact police or the Board for you.
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First — the law treats a child differently
Anyone below 18 years on the date of the alleged offence is a ‘child in conflict with law’ under the Juvenile Justice (Care and Protection of Children) Act, 2015. Such a child is not tried by an ordinary criminal court and is not sent to jail. The case goes to the Juvenile Justice Board — a Magistrate with two social workers, at least one a woman. The aim of the law is reform and rehabilitation, not punishment. If your child was under 18 when the incident happened, tell police and the Board this at once, even if the child has since turned 18.
What police must and must not do
When police pick up a child, the child must be placed with the Special Juvenile Police Unit or the Child Welfare Police Officer of the station and produced before the Board within 24 hours (excluding travel time) — never kept in a police lock-up or jail (JJ Act section 10). The JJ Model Rules, 2016 say a child must not be handcuffed, chained or forced, and police must inform the parents, the probation officer and the Board. Under Model Rule 8, an FIR is registered against a child only for a heinous offence (minimum seven years) or an offence done together with adults; in other cases police record the matter in the daily diary and send a social background report to the Board, and the child is usually just asked to appear with parents. Stay calm, go to the station with the child’s age proof, and ask which offence is alleged and when the child will be produced before the Board.
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Write in Hindi or English · general guidance, not legal advice
Bail is the rule, not the exception (JJ Act s.12)
Whether the offence is bailable or non-bailable, a child is to be released on bail — with or without surety, or under the supervision of a probation officer or a fit person — by the police station officer or by the Board. Bail can be refused only if release is likely to bring the child into contact with known criminals, expose the child to moral, physical or psychological danger, or defeat the ends of justice, and the Board must write its reasons. Even then, the child goes to an observation home or a place of safety, not jail. If the family cannot meet the bail conditions within seven days, the child must be produced again so the Board can relax them. If bail is refused, the order can be appealed to the Children’s Court (Sessions Court) under section 101.
Age proof — keep these ready (JJ Act s.94)
Age is decided in a fixed order: first the date-of-birth certificate from the school or the matriculation / equivalent certificate; if not available, the birth certificate from the municipal body or panchayat; only if neither exists, an ossification or other medical age test, to be completed within 15 days. Carry originals and copies. A claim that the accused was a child can be raised before any court at any stage — even after the case has ended (section 9(2)). If the birth certificate has errors, see our birth certificate correction guide.
The inquiry before the Board
The Board should finish the inquiry within four months of the child’s first production, extendable by up to two months for recorded reasons (section 14). If a petty-offence inquiry (punishment up to three years) is still not complete after that, the proceedings end. The Board sits in a child-friendly room, without a raised platform or witness box. A probation officer prepares a social investigation report. The child is entitled to legal aid through the District Legal Services Authority. Possible orders under section 18 include advice or admonition, group counselling, community service, fine, release on probation of good conduct to parents, or a stay in a special home for up to three years. A child cannot be sentenced to death or to life imprisonment without the possibility of release (section 21).
If the child is 16–18 and the offence is heinous (s.15)
For a heinous offence alleged against a child aged 16 or above, the Board makes a preliminary assessment — within three months of first production — of the child’s mental and physical capacity, ability to understand the consequences, and the circumstances. It may decide to keep the case itself or transfer it to the Children’s Court, which can try the child as an adult in some cases. This is a serious stage: the family should collect school records, character references and any counselling or medical history, and speak to an independent advocate early.
Privacy and a clean record (ss.74, 24)
No newspaper, TV channel, social media post or report may disclose the child’s name, school, address, photo or anything that identifies the child — punishable with up to six months’ jail or a ₹2 lakh fine, or both (section 74). After the case, a child dealt with under the Act suffers no disqualification for jobs or education, and the conviction records are to be destroyed (section 24), except where a 16–18-year-old was tried as an adult for a heinous offence. Do not let the child sign any ‘confession’ written by someone else, do not post about the case online, and do not threaten the complainant.
How Adhiwakta can help
We do not file bail applications, appear before the Board or police, or promise any result. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- Can police keep my 15-year-old son in the lock-up overnight?
- No. Under JJ Act section 10, a child must never be placed in a police lock-up or jail. The child is placed with the Child Welfare Police Officer or Special Juvenile Police Unit and produced before the Juvenile Justice Board within 24 hours, excluding travel time.
- Does a minor get bail in a non-bailable offence?
- Yes, bail is the rule. Under section 12, a child is to be released with or without surety, or under a probation officer or fit person, unless release would expose the child to danger, bring the child into contact with known criminals or defeat the ends of justice — and the Board must record reasons.
- Which document proves my child’s age before the Board?
- Under section 94, first the school date-of-birth certificate or matriculation certificate; if not available, the municipal or panchayat birth certificate; only if neither exists, an ossification or medical test completed within 15 days.
- Will a juvenile case spoil my child’s future job prospects?
- Generally no. Section 24 removes any disqualification and requires the records to be destroyed, except where a 16–18-year-old was tried as an adult for a heinous offence. The child’s identity also cannot be published (section 74).
- Can a 17-year-old be tried as an adult?
- Only for a heinous offence (minimum punishment seven years) and only after the Board’s preliminary assessment under section 15 of the child’s capacity and circumstances. Even then, a death sentence or life imprisonment without release is not allowed.
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