Child in conflict with law
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Concept of juvenile as per 2015 amendment
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Child in conflict with law
- 1. NOIDA INTERNATIONAL UNIVERSITY Assistant Professor RITU GAUTAM
- 3. Definition As per, Juvenile Justice (care and protection of children ) Act, 2015 ‘child in conflict with’ means, a child who alleged or found to have committed an offence and who has not completed the eighteen year of age on the date of commission of such offence provided if, any child in conflict with Law under the age group of 16–18 who alleged of found to have committed any Heinous Offences, will be treated as an adults [s. 2(33), R/W 2(13), R/W 15, R/W 18(3)] NOIDA INTERNATIONAL UNIVERSITY
- 5. JJ Act 1986 • Juvenile + Delinquent • A boy under 18 year and girl under 16 year of age JJ (CPC)A Act 2006 • Juvenile + in conflict with Law • Any Child under the age of 18 year JJ (CPC) Act, 2015 • Child + in conflict in Law • Any child under the age of 18 year( in heinous offences 16-18 years) NOIDA INTERNATIONAL UNIVERSITY
- 6. Child Labor (Prohibition and Regulation) Act, 1986. Section 2 (ii), “Child” means a person who has not completed the age of 14 years. Child Marriage Restraint Act, 1929. Section 2 (a), “Child” means a person who, if a male, has not completed twenty one years of age, and if a female, has not completed eighteen years of age. Immoral Traffic (Prevention) Act, 1956. Section 2 (a), “Child” means a person who has not completed the age of sixteen years NOIDA INTERNATIONAL UNIVERSITY
- 7. Age of Commission of Crime Age of apprehension after crime NOIDA INTERNATIONAL UNIVERSITY
- 8. Condition No.1- What if, a child committed a heinous Crime when he was 16 year 10 months and apprehended after eight year……. Condition No.2- What if, a child committed a crime when he was 17 yr. 11 months and at the time of pronouncement of punishment he was 22 yr. few months……. Condition No.3- what if, child is a habitual offender and at the time of first attempt he was 15 yr old and at the time of last attempt he was 17 yr which date need to be consider? NOIDA INTERNATIONAL UNIVERSITY
- 9. Doc. Of “Parens Patriae” Doli- capax & Incapax Test of qualifying immunity Pain and pleasure theory NOIDA INTERNATIONAL UNIVERSITY
- 10. India has world's largest youth population: UN report A total of 60,539 juveniles were apprehended and produced before various juveniles boards during 2014. The overall increase in juveniles apprehended at the national level was 10.9% during 2014 as compared to 2013. The decrease in the number of juveniles apprehended was 15.9% in 12-16 years age group (from 13,346 in 2013 to 11,220 in 2014) and increase by 25.3% in 16-18 years age group (from 28,830 in 2013 to 36,138 in 2014) NOIDA INTERNATIONAL UNIVERSITY
- 12. Principal of Presumption of innocence Principal of dignity and worth Principal of best interest Principal of family responsibility Principal of safety Principal of non-stigmatising Principal of non-waiver of rights NOIDA INTERNATIONAL UNIVERSITY
- 13. Principal of equality and non-discrimination Principal of right to privacy and confidentiality Principal of institutionalization as a measure of last resort Principal of repatriation and restoration Principal of fresh start Principal of diversion Principal of natural justice NOIDA INTERNATIONAL UNIVERSITY
- 14. CASE DISCUSSION NOIDA INTERNATIONAL UNIVERSITY
- 15. Thank You NOIDA INTERNATIONAL UNIVERSITY
Editor's Notes
- Juvenile crime is one of the nation's serious problems. In recent years, this concern has grown with the dramatic rise in juvenile violence. we all are aware of 16 dec. Nirbhaya gang rape case, controversy raged after this case,that as the juvenile was the most heinous and active among the all, Public has demanded that he should be tried as an adult . Such a demand lead Subramanian Swamy (BJP leader) file an PIL “that such a person should be treated as an adult” but it was turn down by the supreme court as the existing law doesn’t permit this. In furtherance, Women and Child Development minister Maneka Gandhi has raise the voice to lowering the age of a juvenile in heinous offences from 18 to 16 yr Who should be treated as a j is the most actively debated topics globally……..Child in the transition to attain adulthood…neither can be consider as a child nor as an adult. It is very critical to deal with them. Response to his action committed in this period can result in either in a responsible citizen or as an harden criminal. Medically…..youngster is going through such phase of transition which brings hormonal changes There is nothing like good or bad ……these are the condition , what matters is that you are prepare for that or not.
- TheHeinous offences u/s 2(33) of JJ…..2015, Offences for which the minimum punishment under the IPC or any other law, is 7 Yr. and more Serious offences defineu/s 2(54) p2(54) of JJ…..2015, Offences for which the punishment under the IPC or any other law, is 3 to 7 Yr. Petty offences u/s 2(45) of JJ…..2015, Offences for which the punishment under the IPC or any other law, is up to 3 yr. for special treatment of juvenile offender started towards the end of eighteen c Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption, 1993 entury Prior to this, juvenile offender were treated exactly as adults The Act came into force from 15 January 2016 juveniles in conflict with Law in the age group of 16–18 involved in Heinous Offences, can be tried as adults The bill introduced concepts from the
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- How we reach up to this day when government has to make a a separate law for the juvenile. Historical back ground of juvenile It was william coxson who in 1484 ,used the term ‘delinquent” to describe a person found guilty of customary offence. generally speaking the term refers to a large variety of disapproved behavior of child and adolescent, which society does not approve. In 2006 by amending juvenile justice (care and protection) Act,2000 the word Delinquent was replaced with the word “In conflict with Law”. The principal of natural justice says every one is innocent in the eye of law until unless they prove guilty. Now the word Juvenile again came in consideration is also replaced with the word “ child in conflict with Law” by following the principal of Non- istegmisation
- Definition of child under various laws are provided as Under child labor Act, child means a person who has not completed the age of 14 year. In the cases of marriage male-21 and female-18. and in the case of immoral trafficking Child means 16 year of age
- There are two basic conflicts 1- regarding the age of Commencement of crime 2- regarding the age of Apprehension after crime in the case of Arnit Das Vs. State of Bihar,2000 supreme court held that the , So far as the present context is concerned we are clear in our mind that the crucial date of determining the question whether a person is a juvenile is the date when he is brought before the competent authority” This crucial issue was once again considered by a five Judge Bench in case of Pratap Singh Vs. State of Jharkhand and others, 2005 it was held that The reckoning date for the determination of the age of the juvenile is the date of the offence and not the date when he is produced before the authority or in the court” This view was again upheld in case of Satbir Singh V. State of Haryana, 2005 AIR (SC) 3546; Jameel V. State of Maharashtra, 2007 AIR (SC) 971; Ranjeet Singh V. State of Haryana, 2008(3) SCC (Cri) 784. That After Pratap Singh's case, the legislature through the amendment in 2006 removed any doubt by setting out in Section 2 (l) definition of juvenile in conflict with law to mean a juvenile who is alleged to have committed an offence and has not completed 18 years of age as on the date of commission of such offence. Explanation to Section 20 has also been added which further clarifies that in all pending cases including trial, revision, appeal or any other criminal proceedings in respect of a juvenile in conflict with law, in any Court, the determination of juvenility of such a juvenile shall be in terms of clause (1) of section 2, even if the juvenile ceases to be so on or before the date of commencement of this Act and the provisions of this Act shall apply as if the said provisions had been in force, for all purposes and at all material times when the alleged offence was committed.
- a8 yr few months……. 2- SA child committed a heinous Crime when he was 15 year 10 months and apprehended after two year……. 3- A child, who is a habitual offender and fourth attempt was when he was 19 year 2 month He will be tried under JJB or Criminal court?
- a Common Law philosophy, evolve by Eyre v. Shaftesbury (1772) case, under which the sovereign is charged with the role of acting as parent to the country. This Latin term roughly translates to the concept of "state as parent," or "parent of the country.“ Rajesh V. State Of U.P. on 9 September, 2014 pendra Pradhan vs State Of Orissa on 28 April, 2015 In Ajay Kumar v State of M.P., (2010) 15 SCC 83, this Court observed as follows Pratap Singh v. Jharkhand Izaz ahmad v. state of Madhya predesh,………..hold inquiry weathere the person is a juvenile or not IPC 82 & 83….. Ulla mahapatra, 1950 kRISHNA………….sufficient maturity Test of qualified maturity 1- the nature of the act done 2- subsequent conduct of the offender 3- demeanour and appearance of the offender in the court
- Rajesh V. State Of U.P. on 9 September, 2014 pendra Pradhan vs State Of Orissa on 28 April, 2015 In Ajay Kumar v State of M.P., (2010) 15 SCC 83, this Court observed as follows Pratap Singh v. Jharkhand Izaz ahmad v. state of Madhya predesh,………..hold inquiry weathere the person is a juvenile or not IPC 82 & 83….. Ulla mahapatra, 1950 kRISHNA………….sufficient maturity Test of qualified maturity 1- the nature of the act done 2- subsequent conduct of the offender 3- demeanour and appearance of the offender in the court