Criminal Procedure Code- Notes

Prepared By
Gayathri. S
Assistant Professor
Ramaiah College of Law

Fifth Module
Probation of Offenders Act
Long Answer Questions
1. Explain the powers and duties of probation officer.(3)
2. Explain the power of Court to release the offender on probation of
good conduct (4)
3. Discuss the scope and objects of the Probation of Offenders Act, 1958
4. Who is a probation officer and what are the duties of the probation
officer?
5. Discuss the salient features of Probation of Offenders Act, 1958
6. Briefly explain the rules in relation to release of offenders on
probation or admonition.
7. Briefly discuss the release of offenders on probation as due
Admonition

5 Marks Questions
1. Probation Officer (2)
2. Release on good behavior
 J.J. Act
Long Answer Questions
1.Narrate the schemes available for rehabilitation and social reintegration of
children under Juvenile Justice (Care and Protection of Children) Act 2000.)
(2)
2. Explain the provisions under the Juvenile Justice (Care and Protection) Act
relating to rehabilitation and social integration
3. What are the competent authorities and institutions for Juveniles under the
Juvenile Justice (Care and Protection) Act?

5 Marks Questions
1.Authorities under Juvenile Justice Act
2.Child Welfare Board.
3.Observation homes. (2)
4.Powers of Child Welfare Committees. (2)
5.Special homes

Probation of Offenders Act, 1958

Meaning, Purpose and Importance of Probation in India
Probation is an alternative to imprisonment, and is considered the most viable
sentencing option for juveniles, young offenders, first time and petty offenders1
and even repeat offenders. The purpose of probation is a reform of the offender
by means that are alternative to punishment such as admonition, constructive
treatment, conditions of good conduct, and supervision rather than punishment
and incarceration, by which, offenders, instead of being sent to jail, are put under
the care of a Probation Officer by the Court, thus saving them from stigma and
influence of hardened criminals. While infliction of punishment has as its
objective the suffering of the offender, probation is intended at reformation and
re-socialisation in line with the reform of the penal system. It is guided by the
belief that many offenders are not dangerous criminals but have acted in
misfortune, improvidence, misguidance, and have landed in conflict with law.
Probation means discharging a person subject to commitment by the suspension
of sentence, during the regularity of conduct, and imposing conditions and on
default thereof arresting and committing him until imprisonment is served or the
judgment is satisfied. It is a substitute for imprisonment, a conditional suspension
of sentence

The term “Probation” is derived from the Latin word “probare”, which means to
test or to prove. It is a treatment device, developed as a non-custodial alternative
which is used by the magistracy where guilt is established but it is considered that
imposing of a prison sentence would do no good. Imprisonment decreases his
capacity to readjust to the normal society after the release and association with
professional delinquents often have undesired effects.
The suspension of sentence under probation serves the dual purpose of deterrence
and reformation. It provides necessary help and guidance to the probationer in his
rehabilitation and at the same time the threat of being subjected to unexhausted
sentence acts as a sufficient deterrent to keep him away from criminality
Probation seeks to accomplish the rehabilitation of persons convicted of the crime
by returning them to society during a period of supervision rather than by sending
them into the unnatural and all too often especially unhealthful atmosphere of
prisons and reformatories.
Probation system is based on reformative theory. It is a scientific approach. It is
a rational approach towards the causation of crime of young offenders and thus
they can be saved from becoming habitual offenders by dumping them into jails.
The probation officer insists on the problem or need of the offender and tries to
solve his problem and see that the offender becomes a useful citizen of the society.
OBJECT OF PROBATION

i) The object of probation is to bring lawbreakers and anti-social persons into

willing cooperation with the community of which he is a member, thus giving
him security which he needs and social protection against his attacks on person
or property.
ii) The function of probation is to effect improvement in the character of the
offender and permanent rehabilitation and reformation of the offender.
iii) Probation involves moulding of the individual’s habits in a more constructive
way.
iv) It’s a substitute for imprisonment. Punishment will not serve the purpose in
all cases of offenders.

v) The object is that an accused person who is convicted of a crime should be

given a chance of reformation which he would lose by being incarcerated by
prison.
How can probation benefit society?
In fact, the use of probation method can bring benefits not only to certain kinds
of offenders but
to the society at large. The ways by which it can benefit a society are by:4
1. Providing release options to non-criminal offenders
2. Preventing recidivism and providing opportunity for reform to all kinds of
offenders
3. Preventing congestion in prisons
4. Saving expenses of maintaining the offender in an institution;
5. Getting immediate contribution to the total national income from the offender
through his purposeful work in socially approved pursuits suited to his age;
6. Preventing mixing up of hardened criminals and young, petty and first time
offenders;
7. Preventing further offences from happening because the work of probation is
both preventive and curative;
Probation system, if used to its full potential, can help to address overcrowding
of prisons, which are largely neglected, understaffed and poorly managed.

Salient features of the Act

The most important salient feature of the act is
1. The Probation of Offenders Act of 1958 is aimed at modifying novice
prisoners by rehabilitating them in the society and avoiding the progression
of juvenile offenders into obdurate criminals under environmental control
by locking them in prison with hardened criminals.
2. This seeks to release first offenders, following proper admonition or notice
with advice who are suspected to have committed an offence punishable
under Section 379, Section 380, Section 381, Section 404 or Section 420
of the Indian Penal Code and even in case of any crime punishable with
incarceration for not more than two years, or with fine, or both.
3. The Act demands that the Court can order such compensation and the costs
of the prosecution for reimbursement by the accused as it finds fair for the
damage or injury to the victim.
4. This Act empowers the Court to free those prisoners on probation in good
behaviour if the crime supposedly perpetrated is not punishable by death
or imprisonment for life. He will, therefore, be kept under control.
5. The Act gives the Judge the right to modify the terms of the bail after a
prisoner is placed on probation with good behaviour and to prolong the
probation period not to exceed three years from the date of the initial order.
6. The Act offers extra protection for people under the age of twenty-one to
prevent sentencing him to prison. However, a person found guilty of a
crime punishable by life imprisonment can’t have this clause.
7. The Act empowers the Court to grant a warrant of arrest or summons to
him and his guarantees compelling them to appear before the Court on the
date and time stated in the summons if the defendant placed on bail refuses
to comply with the terms of the bond.
8. Under the terms of this Act, the Act empowers the Judge to try and sentence
the defendant to jail. The High Court or any other Court may even make
such an order when the case is put before it on appeal or in revision.
9. The Act offers a significant function for probation officers to support the
Court and oversee the probationers under its supervision and to guide and
support them in seeking appropriate work.
10.The Act applies to India as a whole except for Jammu State and Kashmir.
This Act shall come into force in a State on such date as the Government
of the State may designate, by notice in the Official Gazette. It also gives
state governments the right to put the Act into force on multiple dates in
different parts of the State.
Admonition
Section 3 of the Probation of the Offenders Act,1958 deals with the power of
court to release the offender after admonition. An Admonition, in literal terms,
means a firm warning or reprimand. Section 3 says how the offender is benefited
on the basis of admonition after satisfying the following conditions:

When any person is found guilty of committing an offence under Section

379 or Section 380 or Section 381 or Section 404 or Section 420 of the Indian
Penal Code,1860 or any offence punishable with imprisonment for not more than
two years, or with fine, or with both, under the Indian Penal Code, or any other
law

 An offender should not previously be convicted for the same offence.

 The Court considers the nature of the offence and the character of the
offender.
 The Court may release the offender on probation of good conduct
applying Section 4 of the Act, instead of sentencing him. and,
 The Court may release the offender after due admonition, instead of
sentencing him.

Release on Probation
Section 4 of the act deals with the power of the court to release certain
offenders on probation of good conduct.

As per Section 4, if any person is found guilty of having committed an offense

not punishable with death or imprisonment for life and the court by which the
person is found guilty is of opinion that, having regard to the circumstances of
the case including the nature of the offence and the character of the offender, it is
expedient to release him on probation of good conduct, then, notwithstanding
anything contained in any other law for the time being in force, the court may,
instead of sentencing him at once to any punishment, direct that he be released
on his entering into a bond, with or without sureties, to appear and receive
sentence when called upon during such period, not exceeding three years, as the
court may direct and in the meantime to keep the peace and be of good behavior.

The section further requires that the offender or his surety has a fixed place of
residence or regular occupation in a place where the court exercises jurisdiction.
Also, before making any such order, the court shall take into consideration the
report, if any, of the probation officer, concerned in relation to the case. However,
it is not necessary that the court has to act on the probation officers report. It can
also gather information from other source and on its own analysis.

The court may also require the offender to remain under the supervision of a
probation officer during a certain period if it thinks that it is in the interests of the
offender and of the public. It can also impose appropriate conditions which might
be required for such supervision. In case the court does specify such conditional
release, it must require the offender has to enter into a bond, with or without
sureties, enumerating the conditions. The conditions may relate to the place of
residence, abstention from intoxicants, or any other matter as the court thinks
appropriate to ensure that the crime is not repeated.

It is a general section under which the benefit is extended to the offenders under
21 years of age and also offenders who are above 21 years of age. Discretion is
exercised by the court while giving the benefit of probation to the offenders above
21 years of age. No reasons are to be recorded when the benefit of probation is
granted to the offenders above 21 years of age.

Section 4 laid down that the court shall consider the report of the P.O if any. It is
not obligatory on the court to call for and consider the report of the P.O. in terms
of Section 4(2).

An order of release on probation came into existence only after the accused is
found guilty and is convicted of the offense. Thus the conviction of the accused
or the finding of the court that he is guilty cannot be washed out at all because
that is the sine quo non for the order of release on probation of the offender. The
order of release on probation of the offender is merely in substitution of the
sentence to be imposed by the court. This has been made permissible by the c
statute with a humanist point of view in order to reform youthful offenders ad to
prevent them from becoming hardened criminals
Meaning of the “character” of the accused

The word character is not defined in the Act. Hence it must be given the ordinary
meaning. The provision of Section 4 vests in the court a discretion to release a
person found guilty of having committed an offense not punishable with death or
imprisonment for life.

It is really for the court, by which the person is found guilty, to determine, having
regard to the circumstances of the case including the nature of the offense and the
character of the offender, whether or not it will be expedient to release him on
probation of good conduct. It is only when the court forms an opinion that in a
given case the offender should be released on probation of good conduct that the
court acts as provided in Section 4.
Power is discretionary:

While granting the benefit under the Act the court shall take into consideration
the nature of the offense. If the offense is not trivial in nature, the court should
not be lenient in granting such a benefit. Power to release on probation is
discretionary and has to be exercised in appropriate cases.
Conditions:

Conditions to be satisfied for application of Section 4:

(1) the offense committed must not be one punishable with death or imprisonment
for life.

(2) the court must opine that it is expedient to release him on probation of good
conduct instead of sentencing him to any punishment and

(3) the offender or surety must have a fixed place of abode it regular occupation
in a place situated within the jurisdiction of the court.

Relevant factors to be taken into consideration. The convicts have no indefeasible

right to be released. The right is only to be considered for release on license in
terms of the Act and the rules. The Probation Board and the State Government
are required to take into consideration the relevant factors before deciding or
declining to release a convict.

Scope
The provision of Section 4 vests in the court a discretion to release a person found
guilty of having committed an offense not punishable with death or imprisonment
for life. It is really for the court, by which the person is found guilty, to determine
to have regard to the circumstances of the case including the nature of the offense
and the character of the offender, whether or not it will be expedient to release
him on probation of good conduct. It is only when the court forms an opinion that
in a given case the offender should be released on probation of good conduct the
court acts as provided in Section 4.

A wide discretionary jurisdiction has been conferred on the courts to release the
convicts not involved in very heinous offenses, on probation instead of
incarcerating them to prison. The main object of awarding punishment is the
prevention of crime and reformation of the offender
The policy of the law is that where an offense is an overly heinous one grant of
probation is ruled out as a matter of law. The heinousness of the offense and its
deleterious effect on the body politic, is in the eye of the law, “if not fundamental,
a very relevant factor for the grant or refusal of probation.”
FOR WHAT OFFENCES, SECTION 4 CANNOT BE APPLIED?

It was settled law that nobody can claim benefit under PO Act as a matter of
right. This was clearly held in AIR 2001 SC 2058. It was observed in State Of
Sikkim vs Dorjee Sherpa And Ors, [xii]that decisions reported in AIR 1983 SC
654 : 1983 Cri LJ 1043 (Masarullah v. 1State of Tamilnadu) and 1981 (Supp)
SCC 17 (Aitah Chander v. State of A.P.) have also been referred to contend that
the Court should not take technical views in such cases and should take into
consideration some other aspects such as possibility of losing the job, for
invoking the provisions of Probation of Offenders Act even in serious offenses.

It has further been contended that the Court should also take into consideration
that the convicts belonging to middle-class families without any criminal
antecedent often become the victim of circumstances because of an undesirable
company and other evil influences available to such young generation. Provisions
of Probation of Offenders Act,1958 normally cannot be applied to the following
offenses:

Section 409, 467 and 471 of the Indian Penal Code – these Sections deal with
breach of trust by public servants, forgery of valuable security and will and
documents used as a genuine forgery. In Rev vs By Adv. Sri
P.K.Ravisankar and State Of Gujarat vs V.A. Chauhan, on 3 February 1983, the
court did not grant release of the offenders on the basis of Section 3 and Section
4 of the Probation of the Offenders Act,1958.

Probation of the Offenders Act,1958 does not grant the release on the grounds of
kidnap or abduction. In the case of Smt. Devki v. State of Haryana, AIR 1979 SC
1948 it was observed that Section 4 would not be extended to the abominable
culprit who was found guilty of abducting a teenage girl and forcing her to sexual
submission with a commercial motive.

The Act refrains from providing release of habitual offenders. In the case
of Kamroonissa v. the State of Maharashtra, AIR 1974 SC 2117, the appellant
was charged with the theft of gold. She was punished by rigorous imprisonment.
She was under 21 years of age. The probation officer thus requested the court to
grant her the release under Sections 3 and 4 of the probation of the offender’s
Act. The court refused the claim by addressing that the appellant had been
engaging in various crimes before and was arrested in 1971.
Section 325 of the Indian Penal Code – This Section speaks about the violence
that causes grievous hurt. Thus, the Probation of the Offender Act does not
provide a release on this basis.

State of Sikkim v. Dorjee Sherpa And Ors– In some cases, the Court does not take
technical views and should take into account certain considerations, such as the
risk of work losses, to invoke the provisions of the Probation of Offenders Act
even in serious offences. This was also argued that the Court would also take into
account that convicts belonging to middle-class families with no criminal record
frequently become victims of situations due to the unwelcome business and other
negative forces available to these young generations.

Probation Officer and Duties

A probation official is a court officer who regularly meets people sentenced to a
supervised probation period. Generally, these people are perpetrators and lower-
level criminals. The majority of the offenders placed on probation are first time
offenders. Placing any one on probation is a way for the court to prevent offenders
from incarceration. Many that are on probation live in our neighbourhoods, stay
home, are working or participating in an educational program, and raise their
children. The justice system’s objective is to have a person who is put on
probation as a responsible member of society while retaining contact with his or
her family and community support sources. Once on probation, a person may be
ordered to engage in an evaluation of drug abuse or domestic violence to
determine if treatment is necessary.

Duties of Probation Officer

Pursuant to the Offenders Probation Act 1958 – Section 14 Gives details

concerning the duties of probation officers that, subject to such conditions and
limitations as may be imposed, a probation officer is expected to do:

1. Investigate the circumstances or domestic environment of any person

accused of an offence with the intention, in accordance with any direction
of the Court, to help the Court to determine and report the most
appropriately advised approach to his dealing with it;
2. Supervising probationers and other persons under his supervision and
seeking suitable employment where necessary;
3. Counselling and supporting victims in the payment by the Court of
penalties or costs;
 4. Advice and assist persons released pursuant to Section 4 in such situations
and manner as may be prescribed;
5. Perform the other duties prescribed as may be.

A probation agent, as laid down in Section 14 of the Act, has main functions, such
as investigation, supervision and guidance, counselling and professional control
of criminal probation. As an inspiring, guiding and supporting probationer, this
probation officer facilitates the rehabilitation of the criminal as a law-abiding
member of society.

Supervision and counselling

Continuous monitoring of the work of the probationer is not necessary or feasible.

Supervision of probation can therefore only be carried out through field visits and
intermittent contacts. The Probation Officer will fully understand and prescribe
steps to resolve issues that can hinder the re-adjustment in a society of the
offender. He must actively support the probationer in the process of his
rehabilitation. The probationer does not feel continuously pressured or
controlled.

The probation officer is responsible for overseeing the probationer according

to Section 14(b) and Section 18. The probationers issued or granted a check by
the judge, i.e., have different aspects. Both human and legal. When the court
awards punishment to an offender, it must make sure that the offender also has
rights to rehabilitate and according to ordinary human beings. Supervision is,
therefore, one of the strategies that can cure and rehabilitate the offender under
the supervision of the probation officer and protect society against the offender.

At the same time, the trial officer has a responsibility to mould the offender’s
character. There are therefore two aspects of supervision.

 The testing person must comply with the requirements of the court. In the
event that the probationer violates terms, the check agent must report the
probation order to the court. The trial officer must maintain the balance
between the offender’s recovery and the safety of society. In this sense, he
has double work. If the probationer makes no improvement in his actions,
he would then have to act as a guardian for society.
 Second, the trial officer must accept the probationer as he is, that is, with
all his faults. He has to distinguish between cases which require very little
support and attention, those which respond to guidance and advice and
 those which require close attention, but which do not respond to his
therapy.

The probation officer must establish a relationship with the offender and create
faith in him in the mind of the offender during the probationary period. He must
also construct and give him the confidence in the offender in deciding his own
course. The probation officer must stand by him in order to provide him with
appropriate guidance and suggestions and information, which will enable him in
cooperating with the probation officer to carry out rehabilitation programs.

Probation is an alternative sentence, which the offenders selected under the

supervision of probation officers are allowed to serve a criminal sentence within
the community. A probation sentence can require a criminal to pay fines or
restitution or seek advice on substance abuse or for problems with his or her
health or family.

Probation control is one of the ways for courts to punish people who are accused
of criminal activity. Infractions undertake to the court to behave properly, to
prevent more crimes and to comply with the terms of the warrant. Normal
supervisory requirements include:

1. Being of good conduct;

2. To comply with the orders of the supervisor;
3. Information about any change of address to the supervising officer.

Based on the circumstances of the case, additional conditions can be imposed by

the Court. Examples can contain:

1. Participation in a course of training;

2. Hostel residence; and
3. Participation in a clinic or program.

For at least six months to three years, the Court is entitled to issue a probation
order.

Pre-sentence report of the probation officer

The trial officer is expected to provide a pre-sentence report with specific details
of the prisoner requested to be released by the Court on probation, as given in
Section 7 of the Probation of Offenders Act, 1958. On the basis of this report, the
judge decides and orders the sentence of the defendant to be released upon
probation. The trial officer’s pre-sentence report must include accurate and
truthful details about the offender’s character, temperament, history in family and
education, job statistics, general circumstances and historical precedents.
Impartiality and objectivity are the two most important requirements of a pre-
sentence statement to bear witness to the history and behaviour of the offender.
Submitting a disciplinary report on the defendant as ordered by the Court is also
one of the main tasks of a probation agent. It should include all the details of the
offender as well as an evaluative summary of the case of the offender.

The preparation of a pre-sentence report for guidance by a Court, to grant or not

the benefit of probation, is one of the major tasks of a PO entrusted to under
Section 14 (a) of the Act. For Section 14(a) of the Act, the PO shall submit
relevant facts, the information in the report as requested by the Court, following
inquiries into the character of a criminal, his social circumstances, financial and
other circumstances of his family.

The case shall be outlined with a statement of facts. PO’s case review helps the
court decide the right way to deal with the defendant after it’s identified guilty.

The report shall, if submitted to the Court one day before its judgment, be treated
like ‘confidential’ and delivered to the Court on the date specified therein; it shall
be included in a sealed cover.

̈If the PO determines that the probationer has matured enough that further
supervision is no longer required, he will make a request for release of the bond
in consultation with the district probation officer.

J.J Act 2015

Juvenile Justice (Care and Protection of Children) Act 2015 has come into force
and repeals the Juvenile Justice (Care and Protection of Children) Act,
2000. Juvenile Justice (Care and Protection of Children) Act 2015 was passed
by Lok Sabha on 7th May 2015; was passed by Rajya Sabha on 22nd December
2015 and received Presidential assent on 31st December 2015.

In the light of the 2012 Delhi gang rape and murder case (Mukesh & Anr. vs.
State for NCT of Delhi & Ors.), the juvenile accused was sentenced to three
years in a reformation home under the provisions of the JJ Act, 2000. Following
the Supreme Court verdict upholding the constitutional validity of the Act, the
Delhi High Court refused to extend the sentence of the accused in December
2015. This results in a failure of justice and a huge protest by the masses along
with the victim’s family. Considering this, the Juvenile Justice (Care and
Protection of Children) Bill, 2014 was delivered by the government and came
into existence as the Juvenile Justice (Care and Protection of Children) Act, 2015.
This Amendment introduced various changes to the existing JJ Act, reforming
laws and making a more responsive juvenile justice system

Juvenile Justice (Care and Protection of Children) Act 2015 provides for
strengthened provisions for both children in need of care and protection and
children in conflict with law. Some of the key provisions include: change in
nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the
Act to remove the negative connotation associated with the word
“juvenile”; inclusion of several new definitions such as orphaned, abandoned
and surrendered children; and petty, serious and heinous offences committed by
children; clarity in powers, function and responsibilities of Juvenile Justice
Board (JJB) and Child Welfare Committee (CWC); clear timelines for an inquiry
by Juvenile Justice Board (JJB); special provisions for heinous offences
committed by children above the age of sixteen years; a separate new chapter on
Adoption to streamline adoption of orphan, abandoned and surrendered children;
inclusion of new offences committed against children; and mandatory registration
of Child Care Institutions.

Under Section 15, special provisions have been made to tackle child offenders
committing heinous offences in the age group of 16-18 years. The Juvenile Justice
Board is given the option to transfer cases of heinous offences by such children
to a Children’s Court (Court of Session) after conducting the preliminary
assessment. The provisions provide for placing children in a ‘place of safety’ both
during and after the trial till they attain the age of 21 years after which an
evaluation of the child shall be conducted by the Children’s Court. After the
evaluation, the child is either released on probation and if the child is not reformed
then the child will be sent to jail for the remaining term. The law will act as a
deterrent for child offenders committing heinous offences such as rape and
murder and will protect the rights of the victim.

Features of Juvenile Justice Act

1 Definition of ‘child in need of care and protection’ expanded- The definition as
per the new Act now also includes a child who is found working in contravention of
labour laws, at imminent risk of marriage before attaining the lawful age for the
same or who resides with such a person who has or had threatened to injure, exploit,
abuse or neglect the child or violate any other law or whose parents or guardians are
unfit to take care of him.
2.CWC is no longer the final authority in cases of children in need of care and
protection- The District Magistrate (hereinafter, the DM) shall be the grievance
redressal authority for the CWC and anybody connected with the child may file a
petition before the DM, who shall consider and pass appropriate orders.

3. Procedure for inquiry- The CWC shall now conduct an inquiry of any child
produced before it, as opposed to children for whom production reports are received.
The procedure now includes orphaned and surrendered children as well.

4. An extensive definition of ‘adoption’ provided- an extensive definition of

adoption has now been provided and child’s rights have been recognized.
 Orphaned, abandoned, and surrendered children were defined after the
enactment of this Act.
 More clarity on the powers and functions of the Child Welfare Commission
and Juvenile Justice Board.
 The Act defined the crimes or offences into three categories, petty
(maximum 3 years of imprisonment), serious (imprisonment of 3 to 7
years), and heinous (maximum 7 years of imprisonment).
 Appropriate system to adopt orphaned, abandoned, and surrendered
children.
 Mandatory registration of childcare institutions.
 In case of heinous crimes, minors of the age group 16-18 years are treated
as adults.
 Distinguish between children in need of care and protection and children
in conflict with the law.

AUTHORITIES UNDER THE ACT

1.CHILD WELFARE COMMITTEE UNDER JJ ACT, 2015.

The Child Welfare Committee is an autonomous body declared as a competent

authority to deal with children in need of care and protection. Section 27 of
Chapter V of the Juvenile Justice (Care and Protection of Children) Act, 2015
provides that it is mandatory to form one or more Child Welfare Committees in
every district for exercising power and to discharge the duties conferred in
relation to children in need of care and protection
Section 2(14)of the Act, provides a comprehensive list of children who can be
declared as those in need of care and protection. A child in need of care and
protection is brought before a Child Welfare Committee (CWC) to dispose of
cases for the care, protection, treatment, development and rehabilitation of
children in need of care and protection, as well as to provide for their basic needs
and protection.
The Child Welfare Committee functions as a bench guided by the powers that are
conferred in the Code of Criminal Procedure, 1973. Anyone connected to the
child is allowed to file a petition to the Magistrate of that District, who considers
and passes appropriate orders.
COMPOSITION OF CWC
The committee consists of a Chairperson and other four members who according
to the State Government are fit to be appointed, at least one of whom should be a
woman and the other should preferably be an expert on matters that are
concerning the children.
A Secretary and other staff shall be provided by the District Child Protection Unit
for secretarial support to the Committee for its effective functioning. For
becoming a member of the Committee, that person (who wants to become a
member) should be actively involved in health, education and welfare activities
in relation to children for at least seven years or should be a practising
professional who has a degree I n child sociology, psychiatry, psychology, law or
human development.
For the appointment of a member, he should possess all the prescribed
qualifications. The duration of this appointment should not exceed the time period
of three years. Appointment of a member shall be terminated if that member uses
his power for wrong measures, been convicted of an offence involving moral
turpitude (where such conviction has not been reversed and he has not been
granted full pardon) and does not attend the meetings of the Committee for a
period of three months of three-fourths sitting of the Committee in that year. A
review in every three months shall be conducted by the District Magistrate.
The procedures in relation to the committee are mentioned in Section 28 of the
Juvenile Justice (Care and Protection of Children) Act, 2015. There should be a
meeting of the Committee at least twenty days in a month for observing rules and
procedures with regards to the transaction at its business meetings. A sitting of
the Committee is considered when there is a visit to an existing child care
institution of the Committee. A child, who is in need of care and protection needs
to be placed in a Children’s Home or a fit person when the Committee is not in
session but he must be produced before an individual member of the Committee.
The opinion of the majority shall prevail if there is any difference of opinion
between the members of the Committee. If there is no majority of such kind then
the opinion of the Chairperson shall be considered. Subject to the provision of
minimum members of the Committee, there shall be no order made by the
Committee that declares it invalid by reason of just the absence of a member
during any stage of the proceedings that are held. This is applicable provided that
there are at least three members who need to be there to dispose of the case finally.
POWERS OF THE COMMITTEE
The powers of the Child Welfare Committee are laid down in Section 29 of the
Juvenile Justice (Care and Protection of Children) Act, 2015:
 The Committee has the full authority of disposing of cases for the care,
protection and treatment of the children.
 The Committee can also dispose of cases that are for the development,
rehabilitation and protection of children that are in need, and also to provide for
the basic need and protection that is needed by the children.
 When a Committee is constituted for any particular area, then it has the power
to exclusively deal with all proceedings that are being held under the provisions
of this Act that are related to children in terms of need of care and protection.
 While exercising the given powers curtailed under this Act, the Committee is
barred from performing any act which would go against anything contained in
any other law that is in force at that time.
 CWCs are designated by law as final district-level authorities for care,
protection, treatment, development and rehabilitation of “children in need
of care and protection” – or CNCP
 POCSO Act mandates the police to inform CWC
 In case of sexual abuse, the Juvenile Justice Act defines CNCP as any child
“who has been or is being or is likely to be abused, tortured or exploited
for the purpose of sexual abuse or illegal acts”.
 Rules under POCSO Act make it mandatory that if the police have reasons
to believe that the child is without a home or paternal support, or is in any
 institution or when a perpetrator is in the same house, among others, the
victim has to be produced before CWC.

In the case of Ms. Sheila Ramchandra Singh v. State of Maharashtra and

Others 1 , a Government Circular dated 16 June 2016 was issued by the Women
and Child Development Department(Government of Maharashtra). The said
circular stated that the Child Welfare Committee of Thane (Maharashtra) was not
fully constituted and functional. By looking at the above Circular, the charge of
Thane Child Welfare Committee was handed over to the Child Welfare
Committee, Mumbai on the command of the State Government. The Deputy
Secretary of the Woman and Child Development Department presented this in
the Court. The Bombay High Court directed the Child Welfare Committee,
Mumbai to take up an application dated 4 April 2016 on a priority basis and pass
appropriate orders in accordance with law. The petition was disposed of by giving
Functions of CWC
1. Recognition of children produced before it. Neglected children can be
formed in front of this committee.
2. Conduct investigations relating to issues related to the safety and well-
being of children under the law.
3. Guide the Child Welfare Officers, the Child Protection Unit and non-
governmental organizations to conduct a social investigation and submit a
report to the Committee.
4. Conducts investigations on the procurement of appropriate foster care and
protection needs.
5. Directing the placement of a child in a child care center.
6. To ensure the care, protection, restoration and proper rehabilitation of those
children in need of care and protection. This is based on individual child
care plans. It also includes the transfer of the necessary references to
parents or guardians or to the appropriate persons or children’s homes or
suitable facilities in this regard.
7. Choosing a registered Foster Care Center that needs support based on the
child’s sex, age, disability and needs. This should be done keeping in mind
the available capacity of the facility.
8. Recommend an action that will improve the quality of services provided
by the Child Protection Unit and the State Government.
 9. To ensure the effectiveness of the talent given by parents and to ensure that
they are given time to reflect on their decision and to do their best to keep
the family together.
10.To ensure that every effort is made to recover lost or abandoned children
in accordance with the procedure prescribed by the Act.
11.Legalizing children free of adoption after consulting orphans, abandoned
and dedicated.
12.Taking case studies on minor offenses and reaching out to children in need
of care and protection.
13.Taking action against the rehabilitation of children who are sexually
abused and are reported as children in need of protection and care from the
Committee, by the Special Juvenile Police Unit or by local police as the
case may be.
14.Dealing with cases referred by the Board under subsection (2) of 17 of this
Act.
15.Interact with the various departments involved in the care and protection
of children. These departments include the police, the labor department and
other agencies.
16.Conducts investigations and gives directions to the police or Child
Protection Unit in case of child abuse complaint.
17.Access to appropriate legal services for children.
18.Performs other duties and obligations as may be prescribed.

Child protection aims to shield kids from any threat—real or imagined—that

could endanger their lives or formative years. It emphasises lowering their
susceptibility to any kind of harm and ensuring that no child is left outside the
social safety net. Those kids who do ought to get the support they need to get
back to safety, including the required care, protection, and moral care. To give
the kids this kind of care, the Child Welfare Committee works.
Under Section 30(viii) of the Act, the Child Welfare Committee is required to
conduct at least two inspection visits per month of residential facilities for
children in need of care and protection 8 and make recommendations for
improvement to District Child Protection Unit and the State Government. Under
Section 17(2) of the Act, when the Board feels that a child in conflict with law is
also a child in need of care and protection then it can refer the child to the
Committee for necessary action such directions.
The procedure of inquiry by the Child Welfare Committee
Legal questions regarding the process of inquiry by the Child Welfare
Committee, etc. Under section 33 of the Juvenile Act (child care and protection),
2000.
1) On receipt of a report under section 32, the Committee shall conduct the
investigation in the prescribed manner and the Committee, by itself or in a report
from any person or agency as contemplated in subsection (1) of section 32, may
institute an order to send the child to a children’s home for an immediate
investigation by the social worker or social welfare officer children.
2) An investigation under this Section shall be completed within four months of
receipt of the order or within such a short period as may be prescribed by the
Committee. However, the submission deadline for the investigation report may
be extended by the time the Committee may, in view of the circumstances and
reasons in writing, determine.
3) “The State Government must review a majority of the Committee’s cases every
six months, and shall notify the Committee to increase the frequency of its stay
or may result in a constitution for additional Committees.
4) After completion of an investigation if the Committee is of the opinion that the
said child has no family or material support, or is in need of ongoing care and
protection, may allow the child to remain in a children’s home or home until
appropriate rehabilitation is reached or up to the age of eighteen.
2. Juvenile Justice Board
Juvenile Justice Board is a judiciary body or a concerned authority with a primary
motive to deal with juveniles detained or accused of a crime (Children in conflict
with Law). It acts as a separate court for juveniles accused of petty, serious, or
heinous crimes as they cannot be taken to a regular criminal court. The main
responsibility of the board is to provide care, treatment, protection,
developmental needs, inquiry, and final order for the ultimate rehabilitation of
juveniles in conflict with the law.
Under the Juvenile Justice Act,2015 aboard shall consist of Metropolitan
Magistrate or a Chief Judicial Magistrate with at least three years’ experience and
two social workers selected in such a manner as they may be prescribe, of whom
at least one shall be a women. The Act provides that under no circumstances the
Board can regulate and operate from regular court premises. The decision taken
by the Principal Magistrate shall be final. JJB consists of a Chief Judicial
Magistrate or Metropolitan Magistrate (experience of at least 3 -years) and two
social workers, provided that at least one of them should be a woman. The Board
ensures to keep the accused juvenile’s parents or guardians informed at every step
of the process. Also, they ensure that all the rights of the child are protected as
well as legal aid via legal service institutions should be made available for
juveniles. In short, JJB plays a significant role in protecting, monitoring, and
controlling every process involved in investigating a juvenile in conflict with the
law.
Special Procedure of Juvenile Justice Board: The Act has provided the procedure
against the juvenile offender. Following are the main special procedure.
1. The hearing must be informal and should be strictly confidential.
2. The offenders should be kept under Observation Home.
3. A child in conflict with law may be produced before an individual member of
the Board, when Board is not sitting.
A primary responsibility of JJB is to cater developmental needs, care, protection,
and treatment, case procedure, inquiry and final order for ultimate rehabilitation
of children conflict with law in the best interest of child.

The powers and functions of the Board

1. Ensuring the informed participation of the child and the parent or guardian in
every step of the process.
2. Ensuring that the child‟s right is the protected throughout the process of
apprehending the child, inquiry, aftercare and rehabilitation.
3. Ensuring availability of legal aid for the child through the legal services
institutions.
4.Wherever necessary the Board shall provide an interpreter or translator, having
such qualifications, experience, and on payment of such fees may be prescribed,
to the child if he fails to understand the language used in proceedings.
5. Directing the probation officer, or in case probation officer is not available to
the Child Welfare Officer or a social worker, to under tack a social investigation
into the case and submit social investigation report within a period of fifteen days
from the date of first production before the Board to ascertain the circumstances
in which the alleged offence was committed.
6. Adjudicate and dispose of case of children in conflict with law in accordance
with the process of inquiry.
7. Transferring to the committee, matters concerning child alleged to be conflict
with law, stated to be in need of care and production at any stage, thereby
recognizing that a child in conflict with law can also be child in need of care
simultaneously and there is need for the committee and the Board to be both
involved.
8. Disposing of the matter and passing a final order that includes an individual
care plan for the child‟s rehabilitation including follow up by the probation
officer or the District Child Protection Unit.
9. Conducting inquiry for declaring fit persons regarding care of children in
conflict with law
10. Conducting at least one inspection visit every month of residential facilities
for children in conflict with law and recommend action for improvement in
quality of services to the District Child Protection unit and the state Government.
11. Order the police for registration first information report for offences
committed against any child conflict with law, under this act or any other law for
the time being in force, on a complaint made in this regard.
12. Order the police for registration first information report for offences
committed against any child need of care and protection, under this act or any
other law time being in force, on a written complaint by a committee in this
regard.
13. Conducting regular inspection of jails meant for adults to check if any child
is lodged in such jails and tack immediate measures for transfer such child to the
observation home.
Determination of age
According to the provisions of the Juvenile Justice Act, when an individual (who
appears to be a juvenile) is presented before the JJB, it is the responsibility of the
Board to inquire and confirm the age of the person. This is done by following
some points which are discussed below:
  Individuals who have not completed the age of 18 years during the date of
committed offence are treated as “Juvenile in Conflict with Law”.
 The process of age determination should be completed within a time period
of 30 days.
 Juvenility of a person is decided on the basis of physical appearance and
documents by the Board and is sent to Jail or Observation Home.
 Matriculation certificate, date of birth certificate from school, and birth
certificate by Municipal Authority, Corporation, or Panchayat are used as
evidence in inquiring about age by the Board.
 If these documents are not available then Medical Board’s opinion is
considered.
In the State of Jammu & Kashmir (now U.T. of Jammu & Kashmir) & Ors. vs.
Shubam Sangra case, a question was answered by the Supreme Court bench,
“Whether the respondent was a juvenile on the date of commission of the
offence?” Here, a Special Medical Board comprising five doctors was established
to examine the age of the respondent who urged to be a juvenile. This Board was
introduced because of the contradiction of birth dates on the respondent’s birth
certificate and school certificate. The report presented by the Medical Board
stated that the respondent was not a juvenile at the time of the commissioning of
the crime; therefore, the case was sent back to the High Court for further
proceeding, “Juvenile to be tried as an adult”.
Rights of Juvenile offenders
When a juvenile is tried for crimes, some basic rights are provided to them which
are listed as follows:
 Right to cross-examine witnesses, Right to remain silent, Right to a
transcript of a trial, Right to have no juries in juvenile cases, Right to have
a lawyer, Right to provide evidence to support their own case, Right to an
appeal, Right to have parents or guardians present at hearings, and Right
to have fair and speedy trials.
 Moreover, any child who is convicted of any crime can request or demand
anticipatory bail which is maintainable in the High Court as well as the
Court of Session, according to Section 437 of CrPC.
 As per the JJ Act of 2000, hearing of cases via Juvenile Justice Board, Bail
provisions, no imprisonment, removal of disqualification attached to
conviction, and no joint proceeding of non-juvenile and juvenile are some
 of the rights provided to the juvenile to ensure that they are not treated like
hardened criminals.

Observation Home
An Observation Home is a child-care facility that is “for the temporary reception,
care, and rehabilitation of any kid claimed to violate the law, while an inquiry is
pending.
According to Section 2(40) of the JJ Act, 2015, “observation home” means an
observation home established and maintained in every district or group of districts
by a State Government, either by itself, or through a voluntary or non-
governmental organisation, and is registered as such, for the purposes specified
in sub-section (1) of section 47;
The JJMR, 2016, Rule 29(1)(i) states that there must be separate Observation
Homes for boys and girls, as well as age-based segregation, should be
implemented, taking into account physical and mental health, as well as the
severity of the offence committed.
The State Government shall establish and maintain in every district or a group of
districts, either by itself, or through voluntary organisations or NGOs,
Observation Homes, which shall be registered under Section 41 of this Act, for
temporary reception, care and rehabilitation of any child alleged to be in conflict
with law, during the pendency of any inquiry under this Act.
Every child alleged to be in conflict with law sent to an Observation Home shall
be segregated according to the child’s age and gender, after giving due
consideration to physical and mental status of the child and degree of the offence
committed.
The State Government by rules made under the JJ Act, provide for the
management and monitoring of Observation Homes, including the standards and
various types of services to be provided by them for rehabilitation and social
integration of a child alleged to be in conflict with law and the circumstances
under which, and the manner in which, the registration of an observation home
may be granted or withdrawn.
For CCL the process of rehabilitation and social integration shall be undertaken
in the Observation Homes, if the child is not released on bail or in special homes
or Place of Safety or Fit Facility or with a fit person, if placed there by the order
of the Board. There shall be separate Observation Homes for girls and boys.
Classification and segregation of children will be done according to their age
group preferably 7-11 years, 12-16 years and 16-18 years, giving due
consideration to physical and mental status and the nature of the offence
committed.
Special Home
A Special Home is an institution that is responsible for “housing and providing
rehabilitative services” to children who have been found guilty of a crime and
ordered by the JJB or the Children’s Court to be placed there as defined under
Section 2(56) of the JJ Act, 2015.
According to Section 2(56) of the JJ Act, 2015, “special home” means an
institution established by a State Government or by a voluntary or non-
governmental organization, registered under section 48, for housing and
providing rehabilitative services to children in conflict with law, who are found,
through inquiry, to have committed an offence and are sent to such institution by
an order of the Board.
Working of the special homes
It has been described by the government that special homes are those places
which are established for the “rehabilitation of those children in conflict with law
who are found to have committed an offence and who are placed there by an order
of the Juvenile Justice Board made under section 18 of this act”. Also, they have
provided 3 years as the maximum duration in which the child can be kept in the
home. The authority which has given the power to establish it is State
Government. They may establish it in different districts as per the need. They can
do it either by themselves directly or they also have the option to establish it
through voluntary or non-governmental organisations. A child gets admitted to
the special home after the final judgement has come by the “Board/ children’s
court” with the help of the “IO/police personnel/ or a staff” once he/she have
completed the prescribed duration in the observation home. The child then gets
placed in a “Reception Dormitory” for the first 14 days. The receiving of the child
is performed by the Receiving Officer who follows all the procedures and
guidelines such as undertaking the proper introductions of himself and the place
so that the child can properly get acquainted with the place, other children and
people who work there. A child is not prepared mentally with all the legal
procedures that happens; therefore, he has to be well treated and introduced by
the people in the special home. They have to make the child gets ensured about
his/her safety and that they are always there for the child in any kind of help. The
Receiving officer also undertake all the necessary documentation. He has to
provide the child with every reasonable necessity that the child requires.
The Superintendent assisted by the PO, then shall provide an orientation to the
child about the environment in the CCL. They should also listen to the questions
of the children by also giving reasonable answers. The orientation should involve
proper introductory counselling of the children explaining him about everything
giving them the brief about the facilities they would be getting in the place and
trying to understand the mentality of the children.
The people working their then prepares the Individual Care Plan for every child.
They take the details of each child respectively. This is done because “every child
is unique and has a unique set of needs, therefore these inputs would be required
for understanding the education, vocational training, and mental and physical
needs of the child”. They start making it while the child is in the reception unit.
The PO/CWO/Case Worker are responsible for this work. After the child has been
moved out of the Reception Unit, he/she gets introduced to the children and key
staff in the special home and also, they should be taken around the SH and made
familiar to the different parts of the special home.
Facilities provided in the special homes
The various facilities that are provided to the children in the special homes for
their improvement and better rehabilitation & reintegration are as follows:
Vocational training workshops- These are provided so as to introduce the young
minds to modern crafts such as those in the” hospitality industry, hair cutting and
beautician, computer hardware networking, mobile repair, air conditioning repair
and maintenance, electrician work, plumbing work, retail management, computer
literacy among others”. Workshops for basic education and other skills that will
help youngsters operate well in their workplace may also run concurrently with
vocational training programmes. These include things like public speaking,
proper grooming, fundamental math and language skills, how to fill out
paperwork and apply for jobs, as well as things like work ethic and discipline.
Basic life skills- They are the activities where the children are put to learn various
skills such as psycho-social and cognitive skills that enable kids to communicate
clearly, make wise decisions, and control their emotions. Workshops for basic
education and other skills that will help youngsters operate well in their
professions and eventually at the workplace may run concurrently with
workshops for vocational training. These include things like public speaking,
proper grooming, fundamental math and language skills, how to fill out
paperwork and apply for jobs, as well as things like work ethic and discipline.
Physical training
Every child needs to participate in sports and other forms of recreation because
they help them to create good relationships, learn how to compete, understand
themselves and their peers better, and learn the importance of being disciplined,
working hard and getting results. Therefore, the children in the special homes are
put into various physical activities like light warmups, light or intense exercises
and various sports in their daily routine. It gives them a particular time apart from
the stresses of daily life and inspires them to strive for more.
Other than these too, other facilities such as recreation, art and crafts, summer
and winter camps for sports and recreation, safety and security measures,
emergency services, etc.

Place of Safety
A “Place of Safety” is a child-care facility for children who have been accused
of or found to violate the law as per Section 49 of the JJ Act 2015, at least one
haven should be established by the state government. Separate arrangements
and facilities should be created for children or people under investigation and
children or people who have been convicted.
According to Section 2(46) of the JJ Act, 2015, “place of safety” means any place
or institution, not being a police lockup or jail, established separately or attached
to an observation home or a special home, as the case may be, the person in-
charge of which is willing to receive and take care of the children alleged or found
to be in conflict with law, by an order of the Board or the Children’s Court, both
during inquiry and ongoing rehabilitation after having been found guilty for a
period and purpose as specified in the order.
Institutions for CCI for CNCP Under the JJ Act:
Children’s Home:
The purpose of the children’s homes is to receive any child in care or for
protecting any delinquent juvenile during the pendency of any inquiry and also
subsequently for their care, treatment, education, training, development and
rehabilitation.
According to Section 2(19) of the JJ Act, 2015, “Children’s Home” means a
Children’s Home, established or maintained, in every district or group of districts,
by the State Government, either by itself, or through a voluntary or non-
governmental organisation, and is registered as such for the purposes specified in
section 50.
Open Shelter:
According to Section 2(41) of the JJ Act, 2015, “open shelter” means a facility
for children, established and maintained by the State Government, either by itself,
or through a voluntary or non-governmental organisation under sub-section (1)
of section 43, and registered as such, for the purposes specified in that section.
Specialised Adoption Agency:
According to Section 2(57) of the JJ Act, 2015, “Specialised Adoption
Agency” means an institution established by the State Government or by a
voluntary or non-governmental organisation and recognised under section 65, for
housing orphans, abandoned and surrendered children, placed there by order of
the Committee, for the purpose of adoption.
Functioning of various CCIs:
o The CCIs for CCL and CNCP shall function from separate premises as per
the criteria elaborated.
o They shall be child-friendly and in no way shall they look like a jail or
lock-up.
o They shall keep a copy of the Act and the rules framed by the State
Government, for use by both the staff and children residing therein.
o They shall have a Management Committee for the management of the
institution and monitoring the progress of every child in the home.
o They shall prepare an individual care plan for every child in institutional
care shall be developed with the ultimate aim of the child being
rehabilitated and re-integrated based on their case history, circumstances
and individual needs. Individual care plan shall be based on the guidelines
in following sections:
o Every institution shall have a Management Committee, to be set up in a
manner as may be prescribed, to manage the institution and monitor the
progress of every child.
o The officer in-charge of every institution, housing children above six years
of age, shall facilitate setting up of children’s committees for participating
in such activities as may be prescribed, for the safety and well-being of
children in the institution.
 o .
Alternative Care:
Alternative care refers to the spectrum of services available to children whose
parents are no longer able to provide adequate care. Children outside parental care
often live with their extended families in kinship care arrangements or in other
types of alternative care, such as adoption and foster care and many other
variations of family and community-based care.
Some of the alternate care programmes are as follows:
o Adoption aims to provide a child who cannot be cared for by his biological
parents with a permanent substitute family.
o Foster Care for children who cannot be placed in adoption. The foster
parents should have stable emotional adjustment within the family,
physically, mentally and emotionally and shall be declared ‘fit person’ by
the Committee before placing the child as per provisions laid down in the
Act.
o Sponsorship is a necessary support service provided to those families and
children which have been identified as families at risk. The support is given
for the child’s education, health, nutrition and other developmental needs.
After Care Organisations provide services for care of juveniles or children
after they leave Special Homes and Children’s Homes.
o Rehabilitation is a treatment or treatments designed to facilitate the process
of recovery from mental or physical injury, illness, or disease to as normal
a condition as possible. A proper and adequate rehabilitation programme
can reverse many disabling conditions or can help children to cope with
deficits that cannot be reversed by medical care. Rehabilitation addresses
the physical, psychological, and environmental needs of the person.

Need for Alternative to CCIs:

It is universally accepted that even the best institution cannot substitute the
nurturing care that a family can give to a child. Studies and experiences have
shown that a child who has been deprived of family care and brought up in a large
impersonal institution may show some of the following problems:
o Lack of individual attention, individualisation, one-to-one caring and
interaction makes it difficult for a child to feel secure and bonded to one
caregiver.
 o “Multiple Mothering” syndrome – when a child is cared for by changing
staff, the child is unable to form an attachment with any one person. This
leads to a lot of emotional isolation and insecurity in the child.
o Excessive “Routinisation” and “Regementisation” does not take into
account individual needs of the child and hence the child either becomes
very reticent and submissive or may react by becoming defiant and
rebellious.
o Inability to form lasting, meaningful relationships. The child finds it
difficult to trust people in authority or even peers when he has had too
many negative experiences. These negativities have been shown to be
carried on in adult life in various researches as much as that children
coming out of institutions are maladjusted in the society.
o Due to the psychological, emotional and nutritional deprivation these
children may also show poor academic performance, and other behavioural
problems.
The “Institutionalised Child Syndrome” is sometimes evident in the child’s “self-
esteem”. Some children may develop poor self-worth, which may reflect later in
inter personal relationship problems.
Child Welfare Officer (CWO)
“Child Welfare Officer” means an officer attached to a Children’s Home, for
carrying out the directions given by the Committee or the Board.” [Section 2 (17),
JJ Act 2015]. w The CWO will conduct social investigation and must provide an
assessment of the family situation of the child in detail, and explain in writing
whether it will be in the best interest of the child to restore him to his family. w
The CWO discharges the duties of a PO when one is not available. w The CWO
is responsible for acting as a bridge between the children housed in an institution
and the JJB, the staff of the institution as well as other external stakeholders. w
He or she contributes to the design and implementation of activities and
programmes aimed at rehabilitation and social re-integration of the CCL.