Section 86 of JJ Act : Section 86: Classification Of Offences And Designated Court

Explanation using Example

Imagine a scenario where an individual is accused of committing an offence related to the exploitation of a juvenile, which under the Juvenile Justice (Care and Protection of Children) Act, 2015, carries a punishment of eight years of imprisonment. According to Section 86(1) of the Act, this offence would be classified as cognizable, meaning the police have the authority to arrest the accused without a warrant, and non-bailable, indicating that the accused is not entitled to get bail as a matter of right.

In another situation, if a person is charged with an offence under the Act that has a prescribed punishment of four years in prison, as per Section 86(2), the offence would be non-cognizable, requiring the police to obtain a warrant to make an arrest, and also non-bailable.

Lastly, if a minor offence is committed under the Act with a maximum sentence of two years or a fine, following Section 86(3), it would be non-cognizable and bailable, allowing the accused the possibility of bail.

No matter the severity of the offence, as stated in Section 86(4), the trial will be conducted by a Children's Court, specialized in handling cases under the Act, ensuring that the matters are dealt with by a court that understands the nuances of juvenile justice.