Section 55 – Power to amend orders – Juvenile Justice (Care And Protection Of Children)

Provided that there shall be at least two members and the parties or its defence present during the course of hearing for passing an amendment in relation to any of its order.

(2) Clerical mistakes in orders passed by a competent authority or errors arising therein from any accidental slip or omission may, at any time, be corrected by the competent authority either on its own motion or on an application received in this behalf.

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Comment:

This section empowers the competent authority to amend its order either suo motu or on an application in this behalf in relation to—

(i) The institution to which the juvenile or child is to be sent; or

(ii) The person under whose care or supervision the juvenile or child is to be placed under the Act.

The competent authority is invested with the power to amend its order under this section keeping in view the fact, that many a time due to change of circumstances it becomes necessary to send the juvenile or child to some other institution than the one mentioned in the original order in his best interest.

Likewise, it may become necessary for the proper care and protection of the juvenile or child to change the person in whose custody he has been originally ordered to be placed. To meet these-contingencies, the provisions of this section have been incorporated in the Act. The section requires the presence of at least two members and the concerned parties at the time of passing such amendment order.

Sub-section (2) further empowers the competent authority to amend its order in order to correct some clerical error or any accidental slip or omission either on its own or on being pointed out by some other person.

The provision contained in this sub-section, [i.e., sub-section (2)] is analogous to those contained in Section 362 of the Code of Criminal Procedure, 1973 which empowers the Court to amend its order for correcting a clerical or mathematical mistake or any accidental slip or omission. But such mistake, slip or omission should not be intentional.