A few issues in the discipline of criminal justice are as delicate and complex as how young offenders are handled. The harsh methods employed towards adult offenders are often mirrored in the conventional juvenile justice system, which emphasizes punishment above rehabilitation. A rising reservoir of evidence and shifting opinions among the public, however, point to the idea that a focus on atonement and restoration is not only kinder to humanity but also more successful in decreasing recidivism while promoting beneficial results for criminal juvenile offenders.
Juvenile Justice
- An adolescent who has been found guilty of or declared condemned for a crime that carries legal consequences is known as a juvenile felon. The juvenile justice (Care and Protection of Children) Act, 2015 designates such a juvenile as a Child in Conflict with Law (CCL).
- The definition of “Juvenile” is ambiguous, unimportant, and needs greater clarification. Furthermore, under Section 82 of the Indian Penal Code, an act committed by a child under the age of seven is considered in violation of the law, is not considered an offense, and the child is not accountable under any act.
- For this reason, the child in question is unquestionably not a criminal.
juvenile justice system: Objective of the Act
- The Act’s main goal is to harmonize and update the laws concerning minors and children who require care and protection after experiencing any kind of abuse or harassment.
- Rehabilitating and reintegrating young people into society is the goal of juvenile programs.
- It also addresses how these children are developed and treated.
- It specifies certain equipment for hearing and resolving issues involving children who fall under the juvenile justice Act’s purview.
- It includes provisions for various shelter places where these children are housed while they receive care, get better, and grow.
juvenile justice system in india
- In order to instill the values outlined in UN Conventions, including the CRC, the Beijing Rules, and the 1990 Rules, the Indian legislature sincerely attempted to do so when enacting the 2000 Act.
- The Supreme Court of India states that juvenile laws pertaining to juveniles were enacted to address offenses committed by minors in a way that was intended to vary from the laws governing adults.
- The Juvenile Justice Act of 2000 prioritizes the minor’s rehabilitation over the adversarial process that the courts are accustomed to.
- juvenile law in india’s implementation requires a radical shift in the mindset of individuals in positions of authority; without it, its objectives will be nearly impossible to meet.
juvenile justice in india: Difference between Juvenile and Child
- A person is considered a minor if they are younger than the legal age of eighteen or if they are not yet of full legal obligation and responsibility.
- A juvenile is a person between the ages of sixteen and eighteen, while a child suspected of a crime is taken to the Child Care Center and is not tried as an adult.
- When a minor is charged with a crime, they are considered juvenile offenders and are prosecuted in court as adults.
- Both terms have the same meaning in general; the distinction is found in the context of their legal ramifications. While juvenile denotes either young offenders or immature people, minor denotes children and teenagers.
juvenile criminal law: Case Rulings
- In the case of Satbir Singh& others v State of Haryana, the Juvenile Justice Board will examine the date of birth listed in the student records when determining whether or not the accused is a juvenile, the Supreme Court reaffirmed.
- In the case of Krishna Bhagwan v State of Bihar, the court declared that the date the offense was committed should be taken into consideration when determining the juvenile’s age for the purposes of a Juvenile Justice Board trial.
- In the case of Arnit Das v State of Bihar, the Supreme Court overturned its earlier ruling and ordered that the accused should be presented before the appropriate authorities on the date when a claim of juvenility is decided.
Rehabilitating and reintegrating the youngster into society is of utmost importance, along with helping him comprehend his grievance and take real responsibility for the offense he has committed. The Juvenile Justice Act of 2005 addresses this, incorporating the relevant sections of the Beijing Rules from 1985. Since young minds will shape society in the future, consideration must be given to their age and physical make-up. and psychological. This continues to be the core purpose of the restorative justice system.
Juvenile Justice FAQs
- What is the age limit for the Juvenile Justice Act?
According to the Act, “a person who is not yet in their eighteenth year of age” is considered a “child” or juvenile. Therefore, 18 is the maximum age that a juvenile may be. Nonetheless, the Act permits minors, ages 16 to 18, who are charged with serious offenses to stand trial as adults under the Indian Penal Code.
- What is the scope of juvenile justice?
The Juvenile Justice Board will look into any charges of significant offenses against a minor, per the amendment statute. Crimes classified as serious under the Indian Penal Code (IPC) or any other law carry a sentence of three to seven years in jail.
- What is a jail for under 18 called?
A youth detention center, also referred to as a juvenile detention center (JDC), juvenile detention, or more colloquially as juvie/juvy or the Juvey Joint, is a facility for people under the age of majority where they can be imprisoned for a set amount of time after receiving a sentence and being committed, or they can be detained temporarily while awaiting trial or enrollment in an extended care facility.
- What are the principles of JJ Act?
Every human being is entitled to the same respect and privileges. This concept requires the JJ Act’s participating agencies to treat children with respect and worth and refrain from labelling, stigmatizing, or discriminating against them.
- What is the latest juvenile Act?
Since its publication in the Official Gazette on August 9, 2021, the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 has been awaiting implementation by the Central Government.
- Can a 16 year boy go to jail?
A person who is under the age of eighteen, at which point the criminal justice system should regard them as adults, is considered a juvenile. [iv] The JJ Act allows it to deal with criminals under the age of eighteen, as it sets the age of criminal responsibility at eighteen.
- What is the role of police under JJ Act?
When it comes to a juvenile case, the police look into it and provide the charge sheet to the appropriate authority. If the police treat juveniles in the same way as they treat severe criminals, the juvenile legislation’s requirement that they get separate treatment is defeated.
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