Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court
3 months, 3 weeks ago

Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court

Live Law  

In a recent judgement, the MP High Court clarified the Children's Court is not only for trying the cases where child rights have been violated and victims are children but also for juveniles aged 16-18 who are accused of committing heinous offences. In Sections 15 and 18 of the Juvenile Justice Act, 2015, it is laid down that Juvenile Justice Board will carry out an inquiry whether child in conflict with law or not…If Juvenile Justice Board comes to a conclusion that a juvenile is between 16-18 years and he has committed a heinous offence then his case is to be transferred to Children's Court for trial.” The present case is a criminal revision filed by the applicant under Section 102 of Juvenile Justice Act, 2015 against an order passed by the Children Court. The court clarifies that Section 25 of the Commission for Protection of Child Rights Act, 2005 is to be read along with Juvenile Justice Act, 2015. Thereafter, if Juvenile Justice Board comes to a conclusion that a juvenile is between 16-18 years and he has committed a heinous offence then his case is to be transferred to Children's Court for trial. Therefore, the court concluded that no error has been committed by the Trial Court in transferring the case to Children's Court after inquiry by Juvenile Justice Board.

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History of this topic

'Confidentiality No Excuse': Tripura HC Upholds CCL's Right To Access Case Material Relied Upon By JJB While Deciding To Try Him As An Adult
1 month, 2 weeks ago

'Confidentiality No Excuse': Tripura HC Upholds CCL's Right To Access Case Material Relied Upon By JJB While Deciding To Try Him As An Adult

Live Law  

The Tripura High Court recently affirmed the Child in Conflict with Law right to access preliminary assessment reports and related documents referenced by the Juvenile Justice Board while deciding whether the CCL should be tried as an adult under Section 15 of the Juvenile Justice Act.A bench of Chief Justice Aparesh Kumar Singh set aside the. The Tripura High Court …

Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay
3 months, 3 weeks ago

Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay

Live Law  

The Punjab and Haryana High Court has set aside the order of a Children's Court which tried a juvenile booked under the Protection of Children from Sexual Offences Act Act as an adult.As per Section 15 of the Act, a Juvenile Justice Board is required to make a preliminary assessment regarding the juvenile's mental and physical capacity to commit an …

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man
9 months ago

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man

Live Law  

The Punjab & Haryana High Court has directed the Child Welfare Committee, constituted under the Juvenile Justice Act, 2015, to conduct an enquiry under Section 36 of the Act and ensure compliance, in the case of a minor girl whose parents have allegedly fixed her marriage with an old man.A 15-year-old girl had moved Court through her friend. The Punjab …

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court
9 months, 1 week ago

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has extended bail to a juvenile accused in a case registered under Sections 376, 506 of the Indian Penal Code, and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012. Subsequently, the JJ Board conducted a preliminary assessment under Section 15 of the Juvenile Justice Act, 2015, and ordered that the accused be …

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship
10 months, 3 weeks ago

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship

Live Law  

Observing that merely because petitioners are not of marriageable age it "would not deprive" them of their fundamental rights, the Punjab & Haryana High Court has directed to send a minor girl to the children's home, who was seeking protection from her relatives along with her 19-year-old live-in partner.While directing to send her to the children's home, the Court said …

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility
1 year ago

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility

Live Law  

The Supreme Court reviewed its 2019 judgment wherein, while remitting the question of juvenility to the Punjab & Haryana High Court, it opined that the relevant rules to be looked into are Juvenile Justice Rules, 2001. While doing so, the Court corrected its 2019 judgment against which review was sought and held that Juvenile Justice Rules, 2007 is required to …

Supreme Court Annual Digest 2023- Juvenile Justice Act
1 year, 1 month ago

Supreme Court Annual Digest 2023- Juvenile Justice Act

Live Law  

Juvenile Justice Act, 2000 - Bone Ossification test does not give precise age, not entirely accurate. 2023 LiveLaw 1003 Juvenile Justice Act, 2000 - Primary school certificate valid proof of evidence, takes precedence over panchayat register. 2023 LiveLaw 244 Juvenile Justice Act, 2015; Section 19 - Children's Court must hold an inquiry to determine whether the child should be tried …

Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court
1 year, 8 months ago

Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court

Live Law  

Owing to several procedural lapses by the Juvenile Justice Board, Yavatmal, the Bombay High Court ordered re-adjudication of a plea to try two juveniles as adults in the case of a gang-rape of a minor girl. Justice GA Sanap at the Nagpur bench noted that the JJB’s roznama didn’t specify if the juveniles or their advocates were even given a …

Explained | How can a juvenile be tried as an adult in Court?
1 year, 10 months ago

Explained | How can a juvenile be tried as an adult in Court?

The Hindu  

The story so far: The National Commission for Protection of Children has recently issued guidelines for conducting a preliminary assessment by the Juvenile Justice Board under Section 15 of the Juvenile Justice Act, 2015. Section 15 of the JJ Act provides that in case of a heinous offence alleged to have been committed by a child, who has completed or …

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court
2 years ago

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that once an order is passed under Section 15 of the Juvenile Justice Act, holding that a child in conflict with law is required to be tried for heinous offences as an adult, the JJ Board has no jurisdiction to consider the bail application pending before it. A single judge bench of …

S.9(2) JJ Act | Court Must Undertake Inquiry Before Rendering Decision On Plea Of Juvenility Of Accused: Orissa High Court
2 years, 1 month ago

S.9(2) JJ Act | Court Must Undertake Inquiry Before Rendering Decision On Plea Of Juvenility Of Accused: Orissa High Court

Live Law  

The Orissa High Court has clarified that when a plea of juvenility is made before a Court, other than a Juvenile Justice Board, it must undertake an inquiry and take evidence, if any as per the mandate of Section 9 of the Juvenile Justice Act, before rendering any decision on the application. While setting aside an order for non-compliance of …

[JJ Act] No Fundamental or Statutory Right To Pursue Higher Education Outside India, Juvenile's Right To Travel Abroad Can Be Curtailed: Punjab And Haryana High Court
2 years, 5 months ago

[JJ Act] No Fundamental or Statutory Right To Pursue Higher Education Outside India, Juvenile's Right To Travel Abroad Can Be Curtailed: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that an undertrial or a juvenile who is in conflict with law does not have any fundamental or statutory right to pursue higher education abroad.Justice Jasgurpreet Singh Puri in the ruling also said that though the right to travel abroad is a "valuable and basic right" apart from being an integral part …

Seeking minor's confession of crime unconstitutional, declares Delhi High Court
2 years, 5 months ago

Seeking minor's confession of crime unconstitutional, declares Delhi High Court

Firstpost  

The high court was hearing a criminal reference relating to the issuance of guidelines to be followed by Juvenile Justice Boards in conducting preliminary assessments before sending a minor for trial as an adult New Delhi: Seeking a confession about an alleged crime committed by a juvenile is unconstitutional as a “presumption is raised at the pre-trial stage itself that …

[JJ Act] Extracting Confession From Child Is Unconstitutional, Beyond Scope Of Preliminary Assessment Report: Delhi HC
2 years, 5 months ago

[JJ Act] Extracting Confession From Child Is Unconstitutional, Beyond Scope Of Preliminary Assessment Report: Delhi HC

Live Law  

The Delhi High Court has observed that extracting confession from a child regarding the manner in which the offence was committed by him is unconstitutional and beyond the scope of a preliminary assessment report required to be prepared under the Juvenile Justice Act, 2015. This manner of seeking a confession from the child is unconstitutional and beyond the scope of …

Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court
2 years, 6 months ago

Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court

Live Law  

Revealing a rather unpleasant truth, the Supreme Court of India on Monday lamented that once children are caught in the web of adult criminal justice system, it is difficult for them to get out of it unscathed. Going through the provisions of the Act, the Court said that as per Section 20 of the 2000 Act, in all cases where …

JJ Act Implementation: High Court Seeks DSLSA's Response On Operationalizing Scheme For Deployment Of Para Legal Volunteers In Police Stations
2 years, 6 months ago

JJ Act Implementation: High Court Seeks DSLSA's Response On Operationalizing Scheme For Deployment Of Para Legal Volunteers In Police Stations

Live Law  

Dealing with a criminal reference concerning implementation of various provisions of Juvenile Justice Act, the Delhi High Court has recently sought response of the Delhi State Legal Services Authority on operationalising NALSA Scheme for Para-Legal Volunteers which provides for the presence of paralegal volunteers in police stations, to apprise arrestees of their legal rights. While directing DSLSA to file status …

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
2 years, 7 months ago

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had …

'Presumption Of Innocence U/S 3(i) Juvenile Justice Act Not Applicable To Adult Co-Accused': J&K&L High Court
2 years, 8 months ago

'Presumption Of Innocence U/S 3(i) Juvenile Justice Act Not Applicable To Adult Co-Accused': J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has made it clear that the presumption of innocence in favour of a juvenile under Section 3 of the Juvenile Justice Act, 2015 cannot be applied to the adult co-accused in a crime.Justice Sanjay Dhar thus rejected the contention raised by the Petitioners herein that since the. The Jammu and Kashmir and …

DCPCR Moves Supreme Court Challenging Juvenile Justice Act 2021 Amendments Making Certain Offences Non-Cognizable
2 years, 10 months ago

DCPCR Moves Supreme Court Challenging Juvenile Justice Act 2021 Amendments Making Certain Offences Non-Cognizable

Live Law  

The Delhi Commission for Protection of Child Rights has filed a writ petition in the Supreme Court challenging the amendments made to the Juvenile Justice Act 2015 in 2021 by which certain categories of offences against children have been made non-cognizable.The Commission is challenging the 2021 Amendment to the extent it made the following categories of. The Delhi Commission for …

Proviso To Section 15(1) Of JJ Act- "Assistance Of Experienced Psychologists Or Psycho-Social Workers Or Other Experts Is Mandatory": MPHC
3 years, 5 months ago

Proviso To Section 15(1) Of JJ Act- "Assistance Of Experienced Psychologists Or Psycho-Social Workers Or Other Experts Is Mandatory": MPHC

Live Law  

The Madhya Pradesh High Court on Monday held that it is mandatory for Juvenile Justice Board to take the assistance of experienced psychologists or psycho-social workers or other experts while conducting a preliminary assessment with regard to a child's mental and physical capacity to commit a heinous offence.The Bench of Justice Shailendra Shukla has held that for. The Madhya Pradesh …

Parliamentary panel decides not to push for lowering age limit of juvenile offenders under POCSO
3 years, 7 months ago

Parliamentary panel decides not to push for lowering age limit of juvenile offenders under POCSO

Firstpost  

Minor offenders under POCSO are currently tried under the Juvenile Justice Act, which also has a provision that let’s the juvenile justice board decide whether an offender above 16 years of age should be tried as an adult A key parliamentary panel has decided not to push for lowering the age limit to 16 years from 18 years for juveniles …

Centre rejects panel’s idea to try 16+ as adults under Pocso
3 years, 7 months ago

Centre rejects panel’s idea to try 16+ as adults under Pocso

Hindustan Times  

The government has turned down the suggestion of the parliamentary panel on Home Affairs to charge as adults, those over the age of 16 involved in cases of child sexual assault, according to the action taken report tabled by the committee in Parliament on Tuesday. The JJ Act, 2015 empowers Juvenile Justice Board to decide upon matters of children in …

Parliament Passes Juvenile Justice Amendment Bill To Strengthen Child Protection; Empower District Magistrates To Authorise Adoption Orders
3 years, 7 months ago

Parliament Passes Juvenile Justice Amendment Bill To Strengthen Child Protection; Empower District Magistrates To Authorise Adoption Orders

Live Law  

The Bill inter alia, seeks to re-define the category of "serious offences" under the Juvenile Justice Act, 2015 and further, empower the District Magistrates to pass adoption orders. Classification of offences and designated Courts The Bill proposes to amend Section 86 of the Act to the effect that offences punishable with imprisonment between 3-7 years shall be non-cognizable and non-bailable. …

[Identity Of Juvenile Disclosed] MP HC Issues Notices To Central & State Govt. Seeking Implementation Status Of JJ Act [Read Petition]
5 years ago

[Identity Of Juvenile Disclosed] MP HC Issues Notices To Central & State Govt. Seeking Implementation Status Of JJ Act [Read Petition]

Live Law  

The Madhya Pradesh High Court on Monday issued notices on a plea filed against alleged violation of the Juvenile Justice Act in the state and disclosure of a juvenile's identity to the media. As per the plea, instead of first verifying the minor's age in accordance with the procedure enumerated in Chapter V of CrPC, the police straightaway proceeded for …

Child, Who Has Not Committed Heinous Offence, Can’t Be Tried At Children’s Court: Bombay HC [Read Judgment]
6 years, 2 months ago

Child, Who Has Not Committed Heinous Offence, Can’t Be Tried At Children’s Court: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently held that a 'child', as is defined under Section 2 of the Juvenile Justice Act, 2000, who has not committed a heinous offence, cannot be tried at a Children's Court.Under Section 19 of the JJ Act, a Children's Court may send a child to a place of safety till he attains the age of 21 …

Initiate Suo Motu Proceedings For Implementation Of JJ Act,Establish Child Friendly And Vulnerable Witness Courts: SC To High Courts [Read Judgment]
7 years, 1 month ago

Initiate Suo Motu Proceedings For Implementation Of JJ Act,Establish Child Friendly And Vulnerable Witness Courts: SC To High Courts [Read Judgment]

Live Law  

The Supreme Court, on Friday, requested Chief Justices of all High Courts to "seriously consider" establishing child friendly courts and vulnerable witness courts in each district.The Bench comprising Justice M.B. The Supreme Court, on Friday, requested Chief Justices of all High Courts to "seriously consider" establishing child friendly courts and vulnerable witness courts in each district. Functioning of State and …

Trial Of Offences Against Children And Violation Of Child Rights-Thresiamma Varkey’s Case Creates A Catch-22 Situation
7 years, 7 months ago

Trial Of Offences Against Children And Violation Of Child Rights-Thresiamma Varkey’s Case Creates A Catch-22 Situation

Live Law  

This is a short write up on Thresiamma Varkey vs. State of Kerala, wherein a Single Bench of the High Court of Kerala issued directions to the subordinate courts in the matter of trial of offences before the Children’s Court. In the above decision, apart from the decision on the issue, the Court also formulated some directions to the subordinate …

Trial Of Offences Against Children And Violation Of Child Rights-Thresiamma Varkey’s Case Creates A Catch-22 Situation
7 years, 7 months ago

Trial Of Offences Against Children And Violation Of Child Rights-Thresiamma Varkey’s Case Creates A Catch-22 Situation

Live Law  

This is a short write up on Thresiamma Varkey vs. State of Kerala, wherein a Single Bench of the High Court of Kerala issued directions to the subordinate courts in the matter of trial of offences before the Children’s Court. In the above decision, apart from the decision on the issue, the Court also formulated some directions to the subordinate …

Benefits Of Beneficial Legislations On Child/Juvenile Care & Protection Shall Be Extended To All Categories Of Children: SC [Read Judgment]
7 years, 10 months ago

Benefits Of Beneficial Legislations On Child/Juvenile Care & Protection Shall Be Extended To All Categories Of Children: SC [Read Judgment]

Live Law  

SC said the definition of the expression “child in need of care and protection” under Section 2 of the JJ Act should not be interpreted as exhaustive.In significant stride, the Supreme Court on Thursday issued guidelines to protect and augment the rights and welfare of children and for the proper implementation of beneficial legislations like The Commissions for Protection of …

Delhi HC Directs Delhi Judicial Academy To Educate Judges On Juvenile Law [Read Judgment]
8 years, 5 months ago

Delhi HC Directs Delhi Judicial Academy To Educate Judges On Juvenile Law [Read Judgment]

Live Law  

"The Registry is directed to send a copy of this order to the Director, Delhi Judicial Academy for designing a refresher course on juvenile justice and compiling the material for it. This design shall be sent to every District Judge, who if possible, would organise and implement the training at the District Court Complexes for expediency and to save the …

All Child Care Institutions must be registered under the Juvenile Justice Act
8 years, 7 months ago

All Child Care Institutions must be registered under the Juvenile Justice Act

Live Law  

The Juvenile Justice Act, 2015 has come into effect from 15th January, 2016. As per Section 41 of JJ Act, 2015 all institutions, whether run by the State Government or by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection and those in conflict with. As per Section 41 …

Special provisions under the new JJ Act, 2015 for children committing heinous crimes
8 years, 10 months ago

Special provisions under the new JJ Act, 2015 for children committing heinous crimes

Live Law  

The Government has recently enacted the Juvenile Justice Act, 2015 repealing the Juvenile Justice Act, 2000 to overcome the problems that were faced in the implementation of the JJ Act, 2000. The JJ Act, 2015 has come into effect from 15th January, 2016. Amongst the various provisions of the JJ Act, 2015 there. Amongst the various provisions of the JJ …

SC refuses to entertain plea against new Juvenile Justice Act
9 years ago

SC refuses to entertain plea against new Juvenile Justice Act

Live Law  

Supreme Court today refused to entertain a PIL which challenged the validity of the Juvenile Justice Act 2015 saying it cannot be a subject matter of a public interest litigation and can only be admitted if an aggrieved comes before the court.Salman Khurshid, the senior lawyer who appeared for activist Tahseen Poonawalla argued that the court must look into. Supreme …

Supreme Court to hear the Challenge against new Juvenile Justice Act Tomorrow
9 years ago

Supreme Court to hear the Challenge against new Juvenile Justice Act Tomorrow

Live Law  

A writ Petition filed in the Supreme Court challenging the Juvenile Justice Act, 2015 is coming up for admission Tomorrow before the Chief Justice’s Bench.In the PIL filed by Congress leader and Activist Tahseen Poonawalla it is submitted that the new Act seeks to repeal and replace the existing Juvenile Justice Act,. A writ Petition filed in the Supreme Court …

The Juvenile Justice Bill: Misplaced Sensitization
9 years, 2 months ago

The Juvenile Justice Bill: Misplaced Sensitization

Live Law  

The Juvenile Justice Bill, 2015 was passed by the Rajya Sabha on 1 December 2015, despite widespread opposition to the bill by some of the members of the civil society, politicians and parliamentarians. Where the relevant child who is alleged to have committed a heinous offence is apprehended by the police, the JJ Bill mandates such child to be brought …

PIL for proper implementation of Juvenile Justice Act; SC imposes Cost on Central Government
9 years, 7 months ago

PIL for proper implementation of Juvenile Justice Act; SC imposes Cost on Central Government

Live Law  

The Supreme Court came down heavily on the Central Government for not filing a counter affidavit in a petition questioning the functioning of the Juvenile Justice Boards across the country. The Social justice bench of the Apex Court, while imposing Rs.25,000 cost on the Ministry of Women and Child Development remarked "You are not even bothered to file your affidavit. …

Modi holds off public opinion on juvenile crimes, stalls amendments to JJ Act
9 years, 11 months ago

Modi holds off public opinion on juvenile crimes, stalls amendments to JJ Act

Firstpost  

A proposal to try juveniles in the 16-18 age group accused of heinous crimes under the IPC was “dropped” from the agenda of the Union cabinet on Tuesday amid opposition by rights activists and a Supreme Court observation that there was a need to re-examine laws on the issue. A proposal to try juveniles in the 16-18 age group accused …

Towards a comprehensive Juvenile Justice law
10 years, 8 months ago

Towards a comprehensive Juvenile Justice law

The Hindu  

The Juvenile Justice Act, 2000 has been amended twice: in 2006 and in 2011. The draft states that the increase in reported incidents of abuse of children needs urgent legislative action; that there are inadequate facilities, quality of care and rehabilitation measures in private and government-run children homes; delays in various processes under the JJ Act; delays in inter-country adoption …

A New Juvenile Justice Act is Coming ; Ministry Invites Comments
10 years, 9 months ago

A New Juvenile Justice Act is Coming ; Ministry Invites Comments

Live Law  

The demands for amendments to the Juvenile Justice Act, 2000 have been in the alley for a while now. The Ministry website talks about proposed amendments in the following areas: a) Increase in reported incidents of abuse of children in institutions, families and communities; b) Inadequate facilities, quality of care and rehabilitation measures in Homes; c) Delays in various processes …

Subramanian Swamy's PIL on Juvenile Justice Act declined by Supreme Court [Read the Judgment]
10 years, 11 months ago

Subramanian Swamy's PIL on Juvenile Justice Act declined by Supreme Court [Read the Judgment]

Live Law  

Refusing to read down the provisions of Juvenile Justice Act to account for the mental and intellectual competence of a juvenile offender, a three Judge Bench of the Supreme Court comprising Chief Justice P Sathasivam and Justices Ranjan Gogoi and Shiva Kirti Singh refused to interfere with the age of juvenility in cases where juveniles are found guilty of heinous …

Decision on fresh interpretation of term 'juvenile' reserved by Supreme Court
11 years, 1 month ago

Decision on fresh interpretation of term 'juvenile' reserved by Supreme Court

Live Law  

The Supreme Court has reserved its verdict on the two petitions filed by BJP leader Subramanian Swamy and parents of the victim of the December 16 gangrape, challenging the constitutional validity of the Juvenile Justice Act 2000, which sought fresh interpretation of the term 'juvenile' in the statute and leaving it to the criminal court, instead of. The Supreme Court …

Law does not allow juvenile to be tried twice for the same offence: Centre to Supreme Court
11 years, 2 months ago

Law does not allow juvenile to be tried twice for the same offence: Centre to Supreme Court

Live Law  

A plea filed by the father of the December 16 gang rape victim that the Juvenile Justice Board cannot establish the juvenility of an accused which needs to be ascertained by a criminal court, got an answer, with the Centre informing the Supreme Court that the law did not allow the juvenile, convicted by juvenile board in the December 16 …

Gang-rape victim’s parents move SC for juvenile’s trial
11 years, 3 months ago

Gang-rape victim’s parents move SC for juvenile’s trial

The Hindu  

Parents of the December 16, 2012, gang-rape victim have moved the Supreme Court on Friday challenging the constitutional validity of the Juvenile Justice Act granting protection to a juvenile offender in a criminal case to be tried by a Juvenile Justice Board. The petition said the juvenile “is liable to be tried and punished by the criminal courts for the …

Plea to try juveniles under normal law rejected
11 years, 8 months ago

Plea to try juveniles under normal law rejected

The Hindu  

The Supreme Court on Wednesday dismissed a batch of petitions seeking a direction to the Centre to take steps to make changes in the Juvenile Justice Act 2000 to ensure that juveniles be tried under normal law in offences like rape and murder. A three-judge Bench of incumbent Chief Justice Altamas Kabir, and Justices S.S. Nijjar and J. Chelameswar, while …

SC to examine whether juveniles can be tried as adults for severe offences
12 years, 1 month ago

SC to examine whether juveniles can be tried as adults for severe offences

The Hindu  

The Supreme Court on Monday decided to examine the constitutional validity of the definition of ‘juvenile’ under the Juvenile Justice Act since it provides blanket cover to juveniles less than 18 years of age even though they commit serious crimes. The fixation of age should have some nexus with the gravity of the crime or offence for deciding whether the …

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