JUVENILE

July 22, 2019

Last week, the Bombay High Court directed that the Juvenile accused in a particular case be tried as a minor, saying the Juvenile Justice (Care and Protection) Act, 2015 is reformative and not retributive.

About: 

  • The Juvenile Justice Act of 2000 was amended in 2015 with a provision allowing for Children in Conflict with Law (CCL) to be tried as adults under certain circumstances. 

  • The Act defines a child as someone who is under age 18. For a CCL, age on the date of the offence is the basis for determining whether he or she was a child or an adult. 

  • The amended Act distinguishes children in the age group 16-18 as a category which can be tried as adults if they are alleged to have committed a heinous offence — one that attracts a minimum punishment of seven years. 

  • The Act does not, however, make it mandatory for all children in this age group to be tried as adults. 

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