New Enroll in RBI Grade B New Batch - Starts on May 21

    Question

    Which statement with reference to section 101 of The

    Juvenile Justice (Care and Protection of Children) Act, 2015, is wrong?
    A An Appeal shall lie against an order of the Board before the Children's Court. Correct Answer Incorrect Answer
    B A Second Appeal shall lie from any order of the Court of Sessions, passed in appeal under section 101 (2) before the High Court. Correct Answer Incorrect Answer
    C Any person aggrieved by an order of the Children's Court may file an appeal before the High Court. Correct Answer Incorrect Answer
    D No appeal shall lie from any order made by a committee in respect of finding that a person is not a child in need of care and protection Correct Answer Incorrect Answer

    Solution

    Section 101 – Appeals (1) Subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Children’s Court, except for decisions by the Committee related to Foster Care and Sponsorship After Care for which the appeal shall lie with the District Magistrate: Provided that the Court of Sessions, or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within a period of thirty days. (2) An appeal shall lie against an order of the Board passed after making the preliminary assessment into a heinous offence under section 15 of the Act, before the Court of Sessions and the Court may, while deciding the appeal, take the assistance of experienced psychologists and medical specialists other than those whose assistance has been obtained by the Board in passing the order under the said section. (3) No appeal shall lie from,— (a) any order of acquittal made by the Board in respect of a child alleged to have committed an offence other than the heinous offence by a child who has completed or is above the age of sixteen years; or (b) any order made by a Committee in respect of finding that a person is not a child in need of care and protection. (4) No second appeal shall lie from any order of the Court of Session, passed in appeal under this section. (5) Any person aggrieved by an order of the Children’s Court may file an appeal before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973. 

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