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Union of India - Section

Section 16 in The Juvenile Justice (Care and Protection of Children) Act, 2000

16. Order that may not be passed against juvenile

(1)Notwithstanding anything to the contrary contained in any other law for the time being in force, no juvenile in conflict with law shall be sentenced to death [or imprisonment for any term which may extend to imprisonment for life] [ Substituted by Act 33 of 2006, Section 13, for " or life imprisonment" (w.e.f. 22.8.2006).], or committed to prison in default of payment of fine or in default of furnishing security:Provided that where a juvenile who has attained the age of sixteen years has committed an offence and the Board is satisfied that the offence committed is so serious in nature or that his conduct and behaviour have been such that it would not be in his interest or in the interest of other juvenile in a special home to send him to such special home and that none of the other measures provided under this Act is suitable or sufficient, the Board may order the juvenile in conflict with law to be kept in such place of safety and in such manner as it thinks fit and shall report the case for the order of the State Government.
(2)On receipt of a report from a Board under sub-section (1), the State Government may make such arrangement in respect of the juvenile as it deems proper and may order such juvenile to be kept under protective custody at such place and on such conditions as it thinks fit:[Provided that the period of detention so ordered shall not exceed in any case the maximum period provided under section 15 of this Act.] [Substituted by Act 33 of 2006, Section 13, for the proviso (w.e.f. 22.8.2006).]
Prior to its substitution, the proviso read as under:-Provided that the period of detention so ordered shall not exceed the maximum period of imprisonment to which the juvenile could have been sentenced for the offence committed.