If a child commits theft, then the punishment for them is lighter than the punishment for an adult. This is usually what happens when a child commits theft:
- A child may be arrested, but he cannot be kept in the jail – the police must present the child to the Juvenile Justice Board (JJB) within 24 hours(( Section 10, Juvenile Justice (Care and Protection of Children) Act, 2015)).
- If the police does not release the hold immediately on bail, the child can only be kept in an Observation Home(( Section 12, Juvenile Justice (Care and Protection of Children) Act, 2015.)) until he is taken to JJB (within 24 hours).
- The police are supposed to inform a Child Welfare Officer who is supposed to accompany the child to the JJB for the first hearing(( Rule 8(2)(iii), Juvenile Justice (Care and Protection of Children) Model Rules, 2016.)).
JJB is supposed to finish the enquiry within 4-6 months, and the case is terminated if it extends beyond that(( Section 14, Juvenile Justice (Care and Protection of Children) Act, 2015.)).
If you have faced theft by a child, read here to understand the steps/options you can take to complain.