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[Cites 0, Cited by 2] [Entire Act]

State of Jammu-Kashmir - Section

Section 2 in Jammu and Kashmir Juvenile Justice Act, 1997

2. Definitions.

- In this Act, unless the context otherwise requires,—(a) "begging" means
(i)soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortune telling, performing tricks or selling articles or otherwise;
(ii)exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
(iii)allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;
(b)"board" means a Juvenile Welfare Board constituted under section 4;
(c)"brothel", "prostitute", "prostitution" and "public place" shall have the meanings respectively assigned to them in the Suppression of Immoral Traffic in Women and Girls Act,1956;
(d)"competent authority" means in relation to neglected juveniles, a Board and, in relation to delinquent juveniles, a juvenile Court and where no such Board or juvenile Court has been constituted, includes any-Court empowered under sub-section (2) of section 7 to exercise the powers conferred on a Board or Juvenile Court;
(e)"delinquent juvenile" means a juvenile who has been found to have committed an offence;
(f)"fit person" or "fit institution" means any person or institution(not being a police station or jail) found fit by the competent authority to receive and take care of the juvenile entrusted to his or its care and protection on the terms and conditions specified by the competent authority;
(g)"guardian" in relation to a juvenile, includes any person who, in the opinion of the competent authority, having cognizance of any proceeding in relation to a juvenile, has, for the time being, the actual charges of, or control over that juvenile;
(h)"juvenile" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years;
(i)"juvenile Court" means a Court constituted under section 5;
(j)"juvenile Home" means an institution established or certified by the Government under section 9 as a Juvenile Home;
(k)"narcotic drug" and "psychotropic-substance" shall have the meanings respectively assigned to them in the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988; (1) "Neglected juvenile" means a juvenile who
(l)is found begging; or
(ii)is found without having any home or settled place of abode and without any ostensible means of subsistence and is destitute; or
(iii)has a parent or guardian who is unfit.or incapacitated to exercise control over the juvenile; or
(iv)lives in a brothel or with a prostitute or frequently goes to anyplace used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leads an immoral,drunken or depraved life;or
(v)who is being or is likely to be abused or exploited for immoral or illegal purpose or unconscionable gain;
(m)"observation home" means any institution or place established or recognised by the State Government under section 11 as an observation home;
(n)"offence" means an offence punishable under any law for the time being in force;
(o)"place of safety" means any place or institution (not being a police station or jail), the person in charge of which is willing temporarily to receive and take care of a juvenile and which, in the opinion of the competent authority may be a place of safety for juvenile;
(p)"prescribe" means prescribed by rules made under this Act;
(q)"Probation officer" means an officer appointed as a Probation Officer under this Act or under the Jammu and Kashmir Probation of Offenders Act, 1966;
(r)"special home" means an institution established or certified by the Government under section 10;
(s)"supervision" in relation to a juvenile placed under the care of any parent, guardian or other fit person or fit institution under this Act, means the supervision of the juvenile by a probation officer for the purpose of ensuring that the juvenile is properly looked after and that the conditions imposed by the competent authority are complied with;
(t)all words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, Samvat 1989 shall have the meanings respectively assigned to them in that code.