tag:blogger.com,1999:blog-6959663745656332605.post1245995318502902263..comments2024-03-28T14:17:12.140+05:30Comments on The Proof of Guilt: The Juvenile Justice Act 2015: More Questions than AnswersUnknownnoreply@blogger.comBlogger6125tag:blogger.com,1999:blog-6959663745656332605.post-29835987177000733082020-11-10T14:36:16.422+05:302020-11-10T14:36:16.422+05:30Can there be any implication that heinousness of a...Can there be any implication that heinousness of an offence need not solely depend on punishment owing to the inclusive definition of 'heinous'offence in the ActHaripriya venkatakrishnanhttps://www.blogger.com/profile/00084905208790728068noreply@blogger.comtag:blogger.com,1999:blog-6959663745656332605.post-28016732442244752062019-12-16T20:46:15.140+05:302019-12-16T20:46:15.140+05:30You are right in the sense that section 19 should ...You are right in the sense that section 19 should govern but section 19(1)(ii) says in such circumstance section 18 would govern, but as I already showed section 18 is silent in respect of CCLs between 16 to 18. Nuzhat Naazhttps://www.blogger.com/profile/06785624104171956115noreply@blogger.comtag:blogger.com,1999:blog-6959663745656332605.post-57529065375399168972019-12-12T16:04:59.337+05:302019-12-12T16:04:59.337+05:30That I think will remain governed by S. 19 of the ...That I think will remain governed by S. 19 of the Act.Abhinav Sekhrihttps://www.blogger.com/profile/05636505529930634000noreply@blogger.comtag:blogger.com,1999:blog-6959663745656332605.post-13616354772995788232019-12-11T15:01:49.195+05:302019-12-11T15:01:49.195+05:30Sorry I think i could not frame properly my doubts...Sorry I think i could not frame properly my doubts. Its not about the procedure to be followed, but its about the punishment or how to deal with the juvenile between 16 to 18 years of age, if he is found guilty and if he is tried by the Juvenile Board in case of heinous offenceNuzhat Naazhttps://www.blogger.com/profile/06785624104171956115noreply@blogger.comtag:blogger.com,1999:blog-6959663745656332605.post-69017171916159811532019-12-11T12:43:56.677+05:302019-12-11T12:43:56.677+05:30Hi Nuzhat. I think S. 15 of the Act takes care of ...Hi Nuzhat. I think S. 15 of the Act takes care of the situation, where it requires the JJB to make a "preliminary assessment" in cases where a heinous offence is allegedly committed by a child above 16 but below 18 years of age. If the JJB, on completing such a prelim assessment, concludes that the case should remain with the Board, then S. 15(2) requires that the Board dispose of the case following the procedure of a Summons Trial under the CRPC. <br /><br />I hope this helps.Abhinav Sekhrihttps://www.blogger.com/profile/05636505529930634000noreply@blogger.comtag:blogger.com,1999:blog-6959663745656332605.post-45211706813857896792019-12-09T12:01:13.390+05:302019-12-09T12:01:13.390+05:30Please guide me if I am wrong.
The Juvenile Justi...Please guide me if I am wrong. <br />The Juvenile Justice (Care & Protection of Children) Act, 2015 provides that in case of a child in conflict with law who is above 16 years of age and below 18 years, he may be dealt as an "adult" or may be dealt as a juvenile by the Board after preliminary assessment is done. The section 18 of the Act provides for the powers of the Board and how to deal with the child in conflict with law after concluding the inquiry, but it has come to my notice that no provision is made as to how a Board would deal with the child in conflict with law if the child had committed an heinous offence and is above 16 years of age, but he is dealt with by the Board as a juvenile. The section 18 only empowers the Board to deal with child of any age in respect of petty offence and serious offence; and in case the child is below 16 years of age in case of heinous offence. <br /><br />This, according to me is a serious anomaly and is required to be corrected by amendment or otherwise because the entire Act does not provide as to how a child in conflict with law would be dealt if he is above 16 years of age and his inquiry is conducted by the Board or the Children's Court as a juvenile under section 19(1)(ii). In fact the section 19(1)(ii) provides that Children's Court may inquire as a Board in case it is of the opinion that the juvenile is not to be tried as an "adult" and it further provides that the Children's Court may pass orders in accordance with the provision of section 18, but to my opinion section 18 does not provide as to how to deal with a child between 16 to 18 years who has committed heinous offence.<br /><br />The Act provides for the procedure if the Child is tried as an "Adult" but does not provide for if he is dealt as a juvenile.<br />Nuzhat Naazhttps://www.blogger.com/profile/06785624104171956115noreply@blogger.com