Answer By law4u team
If a child (minor) is arrested in India, the law treats it differently from adult arrest because children are governed mainly by the Juvenile Justice (Care and Protection of Children) Act, 2015. Here is what parents should do immediately and legally: 1. Confirm whether the child is a “juvenile” If the child is below 18 years, they cannot be treated as a normal accused in most cases They must be produced before the Juvenile Justice Board (JJB), not a regular criminal court 2. Ensure police follow legal procedure Parents should check: Police must inform parents or guardians immediately Child cannot be kept in a regular police lock-up with adults Child must be placed in observation home or child-friendly custody, not jail (except rare serious cases under special provisions) Medical and psychological care must be ensured 3. Contact Juvenile Justice Board (JJB) The child must be produced before the JJB within 24 hours JJB decides whether the child should be released to parents or sent to observation home 4. Hire a criminal lawyer immediately A lawyer can: Apply for immediate release (bail for juveniles is generally easier) Ensure proper procedure under JJ Act is followed Challenge illegal detention or police misconduct 5. Collect case details and FIR copy Parents should obtain: FIR copy or complaint details Arrest memo Medical examination report (if any) Information about charges 6. Apply for bail / release Under the Juvenile Justice Act: Bail is generally the rule, not exception, unless release is harmful to the child or justice process The child is usually released into parents’ custody with conditions 7. Ensure protection of child rights Parents should ensure: No physical or mental abuse in custody Privacy of child is maintained Child is not exposed to media or public identification 8. If serious allegations exist In cases involving serious offences (like heinous crimes), the JJB may conduct a preliminary assessment (for children aged 16–18) to decide whether the case should go to a Children’s Court. In summary: Parents should act quickly, ensure JJ Act procedures are followed, contact a lawyer, and secure release or protection of the child through the Juvenile Justice Board rather than the regular criminal system.
