§ Section 107 of the Juvenile Justice Act, 2015

Child welfare police officers, s. 107(1). In every police station, at least one officer not below the rank of Assistant Sub-Inspector, with aptitude, appropriate training and orientation, is to be designated as the child welfare police officer, to deal exclusively with children, as victims or perpetrators, in coordination with the police, voluntary organisations and the system of care.

The SJPU, s. 107(2). A Special Juvenile Police Unit is to be constituted for each district and city, headed by a police officer not below the rank of Deputy Superintendent of Police, consisting of all the child welfare police officers of the district, and two social workers with experience of working in the field of child welfare, of whom one shall be a woman.

Training. All officers of the unit are to be trained in child rights and child protection, so that children are handled with sensitivity.

§ The link to POCSO

POCSO defines the SJPU by reference to the unit constituted under the Juvenile Justice Act, 2000. After the repeal of that Act, the reference is read as a reference to Section 107 of the Juvenile Justice Act, 2015, by Section 8 of the General Clauses Act, 1897.

The SJPU or the local police. POCSO allows reports to either. Where the local police receive the report, they carry the same duties.

Receive the report

s. 19(1)

Any person, including the child, may report to the SJPU or local police

Record it

s. 19(2), (3), (4)

Entry number, in writing, read over to the informant, entered in a book; in simple language for a child; with a translator or interpreter where needed

Secure care within 24 hours

s. 19(5); Rules 4 and 6

Immediate care and protection, including shelter or hospital admission; emergency medical care

Report within 24 hours

s. 19(6)

To the Child Welfare Committee and the Special Court, including the child's need for care and the steps taken

Produce the child before the CWC

Rule 4

Where the offender is in the same household, the child is in an institution without parental support, or the child is without home and parental support

Inform the family

Rule 4, Form-A

The child's entitlements and the services available, in writing

Assess the child's needs

Rule 4, Form-B

The Preliminary Assessment Report to the CWC within 24 hours of the FIR

Record the statement

s. 24

At the child's residence, by a woman officer so far as practicable, not in uniform, with no contact with the accused and no night detention

Protect identity

s. 24(5)

From the public media, unless the Special Court directs otherwise in the child's interest

Act on CSEAM reports

Rule 11

Receive reports and material from persons and intermediaries and take necessary action

📖 Sampurna Behura v. Union of India, (2018) 4 SCC 433

In proceedings on the implementation of the Juvenile Justice Act, the Supreme Court held that the child protection laws must be implemented in substance, not on paper, and required the States to constitute and properly staff Special Juvenile Police Units, designate child welfare police officers in police stations, and ensure the functioning of the other bodies under the Act.

Rule: the SJPU is a statutory obligation of the State, and its absence or under-staffing is a failure the courts will address.

§ Why a specialised unit matters

• A child is not an ordinary complainant. Trained officers can take an account without frightening or leading the child, and without causing further trauma.

• Social workers bridge two systems: the criminal process and the care system of the CWC, DCPU and shelter homes.

• Speed. The twenty-four hour duties under Section 19 and the Rules require a unit that knows the procedure and the local services.

• Consistency. A district unit builds practice, training and records that a general police station may lack.