Section 59 – Release and absence of juvenile on placement – Juvenile Justice Act

(2) The competent authority may also permit leave of absence to any juvenile or the child, to allow him, on special occasions like examination, marriage of relatives, death of kith and kin or the accident or serious illness of parent or any emergency of like nature, to go on leave under supervision, [for a period generally not exceeding seven days] excluding the time taken in journey.

(3) Where permission has been revoked or forfeited and the juvenile or the child refuses or fails to return to the home concerned or juvenile to which he was directed so to return, the Board may, if necessary, cause him to be taken charge of and to be taken back to the concerned home.

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(4) The time during which a juvenile or the child is absent from a concerned home in pursuance of such permission granted under this section shall be deemed to be part of the time for which he is liable to be kept in the special home:

Provided that when a juvenile has failed to return to the special home on the permission being revoked or forfeited, the time which elapses after his failure so to return shall be excluded in computing the time during which he is liable to be kept in the institution.

The section relates to release of juvenile in conflict with law or child in need of care and protection from the Children’s Home or the Special Home and also permits him leave of absence from such Homes on bona fide grounds such as marriage or death of any relative or serious sickness or accident of parent or any emergency of the like nature.

On receipt of a report from the Probation Officer or social worker or of Government or a voluntary organisation the competent authority may order the release of the juvenile or child from the Children’s Home or Special Home and direct the placement of the said juvenile or child with his parent or guardian or under the supervision of any authorised person named in the order who is willing to take charge of the juvenile or child and make adequate arrangement for his education or training so as to ensure his rehabilitation and return to normal life in society.

Sub-section (2) empowers the competent authority to grant leave of absence from the Children’s Home or Special Home to the juvenile or child for the purpose of—

(1) Appearing in the examination; or

(ii) Attending the marriage or death of any relatives; or

(iii) Serious sickness or accident of parent; or

(iv) Any emergency of the like nature.

The period of such leave from absence shall be treated as a part of time spent by the juvenile or child in the Children’s Home or the Special Home, as the case may be. But if the child or juvenile fails to return to such Home after the leave from absence elapses, the period after his failure to return shall be excluded in computing the time during which he is liable to be kept in the institution, i.e., the Children’s Home or the Special Home.