Synopsis

The petitioner school challenged a notice dated 18th July 2024 issued by the National Commission for Protection of Child Rights (NCPCR) directing the registration of an FIR against the school under Section 75 of the Juvenile Justice Act, 2015. The school contended that the Commission had issued the recommendation without giving any opportunity of hearing, thereby violating principles of natural justice. The High Court held that even though the Commission’s recommendations are advisory in nature, a recommendation that sets in motion a criminal investigation is not benign; it causes immediate and irreversible reputational harm. The Commission should have extended an opportunity of hearing to the school before forming an opinion that there was a violation of child rights. The impugned notice was set aside, and the Commission was directed to conduct a fresh inquiry after hearing the school and all other stakeholders, with liberty to be represented by lawyers.

Court: High Court of Delhi

Coram: Honourable Mr. Justice Purushaindra Kumar Kaurav

Date of Judgment: 16th April 2026

Citation: W.P.(C) 10434/2024 (unreported)

Core Law: Commissions for Protection of Child Rights Act, 2005 – Section 13(1)(c) (inquiry into violation of child rights), Section 13(1)(j) (recommendations); principles of natural justice; Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 75 (penalty for assault, abandonment, willful neglect)

2. Legal Framework

Major laws and provisions involved

• Commissions for Protection of Child Rights Act, 2005 – Section 13(1)(c) (Commission’s power to inquire into violation of child rights), Section 13(1)(j) (power to make recommendations for initiation of proceedings)

• Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 75 (penalty for assault, abandonment, willful neglect of children)

• Constitution of India, 1950 – Article 19(1)(g) (right to carry on trade or business), principles of natural justice

Key legal principles applied

Natural justice applies to recommendations that have adverse consequences: Even if a statutory authority’s recommendations are advisory or recommendatory in nature, if they are likely to cause irreparable harm (such as initiation of criminal proceedings, reputational damage, or

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