Child Arrested in Mumbai? Here's What Parents Must Do Immediately

I have taken calls from parents at midnight, at 3 AM, during festivals — the call is always the same. "Madam, police ne mere bachche ko pakad liya." The panic in their voice is unmistakable. Over the years, I have learnt that what a parent does in those first few hours can shape the entire trajectory of their child's case. This article is what I wish every parent already knew before that phone call ever comes.

First Things First: Your Child Is Not a Criminal

I need you to understand something clearly. Under Indian law — specifically, the Juvenile Justice (Care and Protection of Children) Act, 2015 — any person below 18 is not an "accused" in the way adults are. The law calls them a "child in conflict with law." This is not just a label. It changes everything: which court hears the case, what punishments are possible, whether there's a criminal record, and how the entire proceeding is conducted.

I have seen parents walk into my office convinced their child's life is over. It is not. The juvenile justice system, for all its flaws, was designed with rehabilitation in mind — not punishment. But you have to know how to use it.

Do Not — I Repeat, Do Not — Let Your Child Speak to Police Alone

This is the single biggest mistake I see. Parents are frightened, the police are asking questions, and in the confusion, the child ends up giving a statement without any legal counsel. I cannot stress this enough: that statement can follow your child through the entire case. Sometimes the IO records things in a way that does not accurately reflect what the child said. Once it is on paper and signed, undoing the damage is an uphill battle.

Tell the police — politely but firmly — that you want a lawyer present. This is your child's right under the JJ Act. Do not let anyone tell you otherwise.

The 24-Hour Rule: Know It and Enforce It

Section 10 of the JJ Act says a child who is apprehended must be produced before the Juvenile Justice Board within 24 hours, excluding travel time. In Mumbai, this generally means the JJB at Dongri. The law is clear: no child can be kept in a police lock-up. Not for one night. Not even "just until morning."

In practice? I have seen violations. I have seen children kept in police stations overnight because the parents did not know any better and the duty officer was not inclined to follow procedure. This is why having a lawyer involved from the start matters — not next week, not at the first hearing, but from the moment your child is picked up.

Your child's rights during this period:

• No detention in a police lock-up or jail, under any circumstances
• They must be placed in an Observation Home if not released
• You must be informed of the apprehension immediately
• The child has a right to legal representation from the very first stage
• No handcuffing. No ill-treatment. The law is explicit about this.

What Happens at the Juvenile Justice Board

The JJB is not a regular courtroom. If you have only seen the inside of a Sessions Court or a Magistrate Court, the JJB will feel different. It sits with a Metropolitan Magistrate and two social workers — at least one woman. There is no raised dais, no formal dock. The proceedings are supposed to be child-friendly, conducted in a language the child understands.

I say "supposed to" because the reality varies. Some JJBs in Mumbai run smoothly. Others are overburdened, and hearings can feel rushed. This is precisely why your choice of lawyer matters — someone who appears at these Boards regularly knows how each one works, knows the members, and knows how to navigate the process effectively.

Bail: It Is Your Child's Right, Not a Favour

This surprises many parents. Under Section 12 of the JJ Act, bail for juveniles is the rule. Not the exception — the rule. The JJB is required to release the child on bail unless there are specific reasons not to (such as the child being exposed to danger or association with known criminals).

In the vast majority of cases I have handled — and we are talking about thousands of cases over the years — bail is granted on the first hearing itself. But it requires a proper application. I have seen cases where poorly drafted bail applications or a lawyer unfamiliar with JJB practice led to unnecessary delays. That is a child spending extra days away from home for no reason.

Understanding What Your Child Is Charged With

The JJ Act classifies offences into three categories, and the stakes are very different for each:

Petty Offences (punishment up to 3 years) — things like minor theft, simple scuffles. The JJB can resolve these quickly through counselling, community service, or simply a warning. I have seen petty offence matters closed in a single hearing.

Serious Offences (punishment between 3-7 years) — more significant matters. The JJB conducts a proper inquiry, and the dispositional orders can include supervised probation or placement in a Special Home for up to 3 years.

Heinous Offences (minimum punishment 7 years or more) — this is where things get complicated. For children between 16 and 18, the JJB can order a preliminary assessment to decide whether the child should be transferred to the Children's Court and tried as an adult. This is the most serious consequence under the JJ Act, and if your child is facing a heinous offence charge, you need a lawyer who has handled transfer cases before. There is no room for learning on the job here.

A Word About POCSO Cases

I need to address this separately because POCSO cases have become an enormous part of my practice, and they are deeply misunderstood.

Many of the POCSO cases I handle involving juveniles are not what people imagine when they hear "sexual offence against a child." They are teenage relationships — a 17-year-old boy and a 16-year-old girl who were in a relationship, and the girl's parents found out and went to the police. Under POCSO, since consent below 18 is legally meaningless, the boy is now facing charges that carry a minimum sentence of 10 years.

I have written about this problem in Scroll.in, and my views on this are strong. The law, as it stands, does not distinguish between a predator and two teenagers in love. But that is a policy debate. If your child is currently facing a POCSO case, what matters is building a defence strategy immediately — and that means getting a lawyer who understands the overlap between POCSO and the juvenile justice system.

The Transfer Question

Can your child be tried as an adult? Yes, under the 2015 Act, this is possible for children aged 16-18 charged with heinous offences. The JJB conducts a preliminary assessment — they look at the child's mental and physical capacity, ability to understand consequences, and the circumstances of the offence.

I have fought several transfer cases, and I will tell you honestly: the preliminary assessment stage is where the fight is won or lost. Once a transfer order is passed, getting it reversed is much harder. If the JJB in your child's case is even considering a transfer, contact a juvenile lawyer who has argued these matters before. Do not wait for the order to be passed and then try to challenge it.

Mistakes I Have Seen Parents Make — Again and Again

After decades of practice, certain patterns repeat themselves:

• Letting the child give a statement to police without a lawyer — I cannot say this enough
• Hiring a general civil or property lawyer for a juvenile matter — the procedures are completely different, and well-meaning lawyers unfamiliar with JJB practice can cause real harm
• Waiting days before getting legal help — the first production before the JJB is your best window for bail
• Agreeing to "settle" the matter informally through the police — this can create more problems than it solves, and sometimes amounts to obstruction of justice
• Not attending JJB hearings regularly — the Board notices, and it does not reflect well on the family's commitment to the child's welfare