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Juvenile justice act, Assignments of Law of Evidence

This documents cover juvenile justice act

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2020/2021

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JUVENILE JUSTICE ACT
INTRODUCTION:
“Old enough to do the crime, old enough to do the time.” This phrase has
been used by those who advocate that juvenile offenders should be treated
as adults. With crimes happening every minute, every day, the debate that
has caught momentum is related to not the crimes but who is actually doing
it. It is well acknowledged a fact that criminals are not only adults. Several
heinous offences have being committed by the juveniles.In the last few
decades, the crime rate by the children under the age of 16 years has
increased. The reason of increasing crime rate is may be due to the
upbringing environment of the child, economic conditions, lack of education
and the parental care. These are the some of the basic reasons. And the most
disappointing part is that, children (especially under the age group of 5 to 7
years) now a days are used as tool for committing the crime as at that this
stage their mind is very innocent and can easily be manipulate.
Generally a “child” means a person who has not attained the age of 18 years
and is not mature to understand that what is right and wrong. In modern era,
the penal laws of most countries have adopted the principle of ‘doli incapex’ ,
which means of knowing that act there are committing is a crime. The penal
laws also states that Only child between the age of seven to twelve age can
be convicted, provided that, the act they have committed is a heinous crime
and they have knowledge and has attained the sufficient knowledge to
understand the consequences of their act.
The increasing rates of juvenile crime in India in very concerning issue and
need to be focused upon. Although government has laid various legislation
and rules to stop the incidents of juvenile crimes but the present laws on
juveniles is not creating a deterrent effect on the juveniles and thus the
results are not fruitful and legislative intent is not accomplishing.
The frightful incident of “Nirbhaya Delhi Gang Rape case on December 16,
2012 shocked the whole nation and many debates were started among legal
fraternity and socialists. The main reason and issue of the debate was the
involvement of accused, who was just six months short to attain the age of
18 years. The involvement of the accused in such a heinous crime of rape
forced the Indian Legislation to introduce a new law and thus, Indian
Parliament came up with a new law which is known as Juvenile Justice
( Care and Protection), 2015.
JUVENILE JUSTICE (CARE AND PROTECTION) 2015 :
The Juvenile Justice act of 2015 replaced the Juvenile Justice act of 2000
because there existed a need for a more robust and effective justice system
that focused on deterrent as well as reformative approaches. The hu towards
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JUVENILE JUSTICE ACT

INTRODUCTION:

“Old enough to do the crime, old enough to do the time.” This phrase has been used by those who advocate that juvenile offenders should be treated as adults. With crimes happening every minute, every day, the debate that has caught momentum is related to not the crimes but who is actually doing it. It is well acknowledged a fact that criminals are not only adults. Several heinous offences have being committed by the juveniles.In the last few decades, the crime rate by the children under the age of 16 years has increased. The reason of increasing crime rate is may be due to the upbringing environment of the child, economic conditions, lack of education and the parental care. These are the some of the basic reasons. And the most disappointing part is that, children (especially under the age group of 5 to 7 years) now a days are used as tool for committing the crime as at that this stage their mind is very innocent and can easily be manipulate.  Generally a “child” means a person who has not attained the age of 18 years and is not mature to understand that what is right and wrong. In modern era, the penal laws of most countries have adopted the principle of ‘doli incapex’ , which means of knowing that act there are committing is a crime. The penal laws also states that Only child between the age of seven to twelve age can be convicted, provided that, the act they have committed is a heinous crime and they have knowledge and has attained the sufficient knowledge to understand the consequences of their act.  The increasing rates of juvenile crime in India in very concerning issue and need to be focused upon. Although government has laid various legislation and rules to stop the incidents of juvenile crimes but the present laws on juveniles is not creating a deterrent effect on the juveniles and thus the results are not fruitful and legislative intent is not accomplishing.  The frightful incident of “Nirbhaya Delhi Gang Rape case ” on December 16, 2012 shocked the whole nation and many debates were started among legal fraternity and socialists. The main reason and issue of the debate was the involvement of accused, who was just six months short to attain the age of 18 years. The involvement of the accused in such a heinous crime of rape forced the Indian Legislation to introduce a new law and thus, Indian Parliament came up with a new law which is known as “ Juvenile Justice ( Care and Protection), 2015. JUVENILE JUSTICE (CARE AND PROTECTION) 2015 :  The Juvenile Justice act of 2015 replaced the Juvenile Justice act of 2000 because there existed a need for a more robust and effective justice system that focused on deterrent as well as reformative approaches. The hu towards

Juveniles should be different from that of adults, there were contentions made in the Parliament that the Juveniles should be given more space for transformation or reformation or improvement and that is only possible when there’s a special justice system. Thus, the new act i.e. the Juvenile Justice (care and protection of children) Act, 2015 focused on a Juvenile friendly approach of adjudication and disposition of matters.  The aims to consolidate the laws relating to children alleged and found to be in conflict with law and children in need of care and protection by catering and considering their basic needs through proper care& protection, development, treatment, social- integration, by adopting a child friendly approach in the adjudication and disposal of matters in the best interest of children. The act also focuses on rehabilitation of juvenile offenders through various child care houses and institutions. PREVENTION OF JUVENILE DELINQUENCY :  Prevention is necessary for such children. Firstly, identification of such juveniles and then providing them with the required treatment is of utmost importance. These adolescents become habitual offenders if not timely stopped from committing offences. Moreover, the most effective way to prevent juvenile delinquency has indubitably been to assist children and their families from the very beginning. The State programs attempt at early intervention, allowing numerous groups to tackle this problem in a number of ways. There are many Jurists and criminologists who suggest various provisions for the prevention of juvenile delinquency. Some of the provisions that are very useful for the welfare, development and growth of the juveniles have been mentioned below.  Individual Programs- It involves the prevention of delinquency through counselling, psychotherapy and proper education.  Environmental Programs- involves the employment of techniques with a view to change the socio-economic context likely to promote delinquency. INTERNATIONAL PERSPECTIVE ON JUVENILE JUSTICE :  The Law relating to juvenile protection is a highly controversial topic and should be treated with utmost respect. Until recently, the law relating to the commission of crimes by the juveniles was under a dilemma, and now with the evolvement of jurisprudence, the legal system is more explicit concerning juvenile delinquency.  Juvenile justice is a sensitive area of law dealing with the rights and protection of children. Therefore numerous amounts of legislation have been adopted at all levels, be it national or international. Juvenile justice is a realm which deals with various issues including the liberty and behavioral aspects of a juvenile.

Article (1) of the UAE Federal Law Number 9 of 1976 concerning juvenile

delinquents and runaways defines a juvenile as: “Juvenile is a person who is not older than eighteen years of age at the time of committing the act subject for questioning or being in a state of homeless.”

The Article (10) of Federal Law Number 9 of 1976 provides for the

replacement of capital punishment or life imprisonment in the case of a juvenile to detention punishment for up to 10 years. It provides for reducing the term so that it does not exceed one half of the maximum limit originally determined. Further, Article (10) also provides the juvenile delinquent with social care and educational facilities.

According to the Article (12), where a juvenile has committed more than one

offence, he shall be punishable for both the crimes as one, provided that he receives punishment for the worst crime.

Article (23) provides for placing juveniles in suitable institutions or correction

and educational homes for rehabilitation.

Therefore, the Federal Law Number 9 of 1976 provides for the law relating to

juvenile delinquency and protection of juvenile offenders. CASE LAWS : ~ In Roper v. Simmons 543 U.S. 551, Christopher Simmons, age 17, arranged to burglarize a lady’s home and murder her. He, along with two of his friends, planned for the crime. However, before the evening of the murder, one of his companions quit the arrangement. Simmons and his friend broke into the victim’s home, bound her hands and tossed her over the bridge. In this case, the jury found him guilty and recommended for the death penalty. ~ However, in 2015, the Supreme Court of the United States ruled it unconstitutional for a person under the age of 18 years to be subject to capital punishment sentence, and thus overruled the 1989 Stanford v. Kentucky decision, which permitted capital punishment for offenders who were above the age of 16 years. ~ In the case of Kulai Ibrahim v. State of Coimbatore , the court held that the juvenile at any point of time during the trial has the right to raise the question of juvenility even after the disposal of the case under proviso of section 9 of Juvenile Justice Act, 2015. It is necessary to raise the issue as to why hearing and speech impairment and lack of schooling till the age of seventeen years not considered as a ground of mitigating circumstances.

~ Mukesh & ors. V. State of Delhi, popularly known as “Delhi Gang Rape” case, a juvenile, who was few months less to 18 years have been sentenced to 3 years custodial sentence, however, it was said that he was the active member in the rape case. It outraged the spark amongst the people and it was contended that there is a need to amend the Juvenile Justice (Care & Protection) Act, 2000. According to the data collected by the National Crime Record Bureau cases registered for juveniles under the age of 16-18 year are mentioned as: There were a total of 36,138 cases registered in 2014. Of these cases, the highest pertained to riots (1,733 cases), kidnapping at rank two (1,635 cases) and cases of rape stood third (1,488 cases). CONLUSION: According to my view when a child perform any crime their mental state is different that from an adult, so they must be taken proper care. Children have flexible mindset the Government and the Society should always take care of them with love and generosity and remove the criminal mindset and bring them back into normal life and also provide them with all the necessary things that they need to grow up into a responsible person of the society. Though every country have Juvenile Justice Act and they had also amended it to make it modern and more particular but they must properly exercise it, the society must also support the Government to reduce juvenile crimes. The juvenile crimes are increasing which need to be focused and the Government must also look after the factors for which juvenile crimes are increasing and try to resolve it.