What should parents do if their child is arrested?

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.

Answer By Ruchi Kashyap

If a child (a person below 18 years of age) is apprehended for an offence, parents should immediately take steps to protect the child's legal rights under the Juvenile Justice (Care and Protection of Children) Act, 2015. Steps Parents Should Take Reach the police station or Child Welfare Police Officer immediately. Ensure that the child is not kept in a police lock-up or jail. Arrange legal representation through a lawyer or legal aid. Cooperate with the Juvenile Justice Board (JJB) proceedings. Provide documents proving the child's age, such as a birth certificate or school records. Seek bail for the child, as bail is generally the rule for juveniles. Relevant Legal Provisions Juvenile Justice (Care and Protection of Children) Act, 2015 Section 10 – A child alleged to be in conflict with law shall not be placed in a police lock-up or jail and must be produced before the Juvenile Justice Board without unnecessary delay. Section 12 – Bail to a child is the general rule, irrespective of whether the offence is bailable or non-bailable, unless release is likely to bring the child into association with known criminals, expose the child to danger, or defeat the ends of justice. Section 3 – Principles governing the administration of juvenile justice, including the best interests of the child and rehabilitation. Conclusion Parents should act quickly, obtain legal assistance, ensure compliance with the Juvenile Justice Act, and seek the child's release on bail. The law focuses on the child's welfare, rehabilitation, and reintegration into society rather than punishment.