What is the concept of Juvenile Justice system in India? and its implications and Who is a Juvenile in India? The definition of “Child” under Section 2 (12) of The Juvenile (Care and Protection ) Act 2015 is someone who has not completed the age of 18 years .
What is Child in Conflict with Law?
When an offence is committed by a child who has not attained the age of majority i.e not completed 18 years at the time the offence/crime was committed is called Child in Conflict with law.
Juvenile Justice system in India aims to do the following-
The Juvenile offenders are not tried in courts in general and are given a chance to reform looking at tender age of the juveline.
In case of child in conflict with law also the main intention is to provide opportunities so that no penal action is taken and for that special observation homes are available.
Child in need of care and protection
under Section 2 (14) of The Juvenile (Care and Protection ) Act 2015, child in need of care and protection provides various factors wherein a Child without home and no means of sustain, Working against labour laws or found begging or living in street,Has been abused by a guardian or otherwise wherein there has been exploitation , abuse or neglect and violation of laws,Threaten to kill , injure, exploitation ,Who is mentally ill or mentally or physically challenged or suffering from serious illness or who has a parent or guardian and who is found to be not fit to care for and protected the safety of the child and his well being or when there are no parents and no one is willing to take care or when child is missing or parents cannot be found or there has been sexual abuse or illegal acts or is likely to be inducted into drug abuse and child trafficking or a victim of arm conflict or natural calamity or at risk of marriage before age of marriage is attained and whose parents or guardians or family members are likely to be responsible for such solemnization of marriage
Juvenile Justice Board
The purpose of constitution of Juvenile Justice Board is to conduct enquiry and hearing of a juvenile in conflict with law
Procedures followed by the Juvenile Justice Board
The hearings are confidential and not formal and tried by a lady Magistrate . The initiation of proceedings are not when there is a complaint by police or a citizen. Most importantly after detention the offenders are kept in observation homes.
What is the concept of Doli Incapex ?
This is a concept wherein when a crime is committed between the age of 7 to 12 and with the knowledge that they are aware of the consequences of such crime which is otherwise also a heinous crime and had sufficient knowledge of such consequences of crime. Article 40 (3) of the United Nations Convention on Rights of Child has categorically stated that every country must state the minimum age for children who should be exempted from any kind of criminal liability because of their incapacity or inability to understand the consequences of such act. In India below the age of 7 years there is no criminal liability.
Conclusion for What is the concept of Juvenile Justice system in India? and its implications
In todays world there are lots of crimes being committed by teenagers below the age of 18 years and therefore the present Act of 2015 has come up with various changes compared to the 2000 Act. For more information kindly click here also visit our partner website