Juvenile Justice (Care And Protection Of Children) Model Rules, 2016 Can Be Applied Irrespective Of Date Of Incident: Rajasthan HC [Read Judgment]
6 years, 10 months ago

Juvenile Justice (Care And Protection Of Children) Model Rules, 2016 Can Be Applied Irrespective Of Date Of Incident: Rajasthan HC [Read Judgment]

Live Law  

The Rajasthan High Court recently held that Juvenile Justice Model Rules, 2016 can be utilized to determine the age of a child irrespective of the date of occurrence of the offence. ".the Model Rules of 2016 which have come into force from 21.9.2016 shall be applicable while determining the age of juvenile irrespective of the date of occurrence of. ".the Model Rules of 2016 which have come into force from 21.9.2016 shall be applicable while determining the age of juvenile irrespective of the date of occurrence of offences," Justice Deepak Maheshwari ruled. Justice Maheshwari then held that the Model Rules of 2016 would also apply irrespective of the date of occurrence of the offences.

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History of this topic

Rajasthan High Court Annual Digest 2024 [PART I]
3 months ago

Rajasthan High Court Annual Digest 2024 [PART I]

Live Law  

Citations: 2024 LiveLaw 1 To 2024 LiveLaw 232 Orders/Judgments January 2024 Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HC Title: Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors. Title: Shiv Kumar Khandelwal vs State of Rajasthan & Ors Citation: 2024 LiveLaw 80 A single judge bench …

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, 2 months 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 …

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
2 years ago

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl

Live Law  

The Supreme Court on Friday refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.Taking note of the consistent stand of the girl that she had 'consented' to the relationship, the birth of a …

Supreme Court Annual Digest 2022- Juvenile Justice Act
2 years, 2 months ago

Supreme Court Annual Digest 2022- Juvenile Justice Act

Live Law  

Juvenile Justice Juvenile Justice - Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition- Where the plea of juvenility is raised at a belated stage, often certain medical tests are resorted to forage determination in absence of the documents - While appreciating the evidence adduced on behalf …

Rajasthan HC Issues Notice In Plea Challenging Vires of Age Restriction of 50 Years Under Tribunals Reforms Act, 2021 For Appointment of Chairperson(s)/ Member(s)
2 years, 10 months ago

Rajasthan HC Issues Notice In Plea Challenging Vires of Age Restriction of 50 Years Under Tribunals Reforms Act, 2021 For Appointment of Chairperson(s)/ Member(s)

Live Law  

The Rajasthan High Court has issued notice in a plea challenging vires of age restriction of 50 years prescribed by proviso to Section 3 of Tribunals Reforms Act, 2021 for appointment of Chairperson or Member of the Tribunals. The plea states that vacancy circular issued by Respondent No.2 did not indicate any cut-off date on which age of candidate is …

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 …

Complainant Not Entitled To Hearing In Bails Plea Under Juvenile Justice Act: Rajasthan High Court
3 years, 8 months ago

Complainant Not Entitled To Hearing In Bails Plea Under Juvenile Justice Act: Rajasthan High Court

Live Law  

The Rajasthan High Court has ruled that it is not obligated to provide the complainant with an opportunity of hearing while adjudicating upon a bail application of a juvenile accused under the Juvenile Justice Act, 2015.Justice Sandeep Mehta observed that a holistic reading of the provisions of the Juvenile Justice Act indicate that the legislation does not direct the Courts. …

Conduct Sensitization Session For Magistrates Of Juvenile Justice Boards At State Judicial Academy: Rajasthan High Court
4 years ago

Conduct Sensitization Session For Magistrates Of Juvenile Justice Boards At State Judicial Academy: Rajasthan High Court

Live Law  

The Rajasthan High Court on Monday directed that a session for sensitization of all the Principal Magistrates of the Juvenile Justice Boards in Rajasthan be conducted at the Rajasthan State Judicial Academy. In this backdrop, the Court directed, " A session for sensitization of all the Principal Magistrates of the Juvenile Justice Boards in Rajasthan shall be conducted at the …

Juvenile Justice (Care And Protection Of Children) Model Rules, 2016 Can Be Applied Irrespective Of Date Of Incident: Rajasthan HC [Read Judgment]
6 years, 10 months ago

Juvenile Justice (Care And Protection Of Children) Model Rules, 2016 Can Be Applied Irrespective Of Date Of Incident: Rajasthan HC [Read Judgment]

Live Law  

The Rajasthan High Court recently held that Juvenile Justice Model Rules, 2016 can be utilized to determine the age of a child irrespective of the date of occurrence of the offence. ".the Model Rules of 2016 which have come into force from 21.9.2016 shall be applicable while determining the age of juvenile irrespective of the date of occurrence of. ".the …

Rajasthan HC Envisions For Subordinate Courts To Disposal Of 10 Year Old Cases By Year End [Read the Circular]
7 years, 8 months ago

Rajasthan HC Envisions For Subordinate Courts To Disposal Of 10 Year Old Cases By Year End [Read the Circular]

Live Law  

The Rajasthan High Court has envisioned for its Subordinate Courts to dispose of by year end, cases that have been pending for more than 10 years. It also aims for the lower Courts to dispose of by September, 2018, cases that have been pending for more than 5 years.Subordinate Courts have, further, been directed to prepare a list of cases …

Rajya Sabha passes Juvenile Justice Bill: 16-year-olds can now be tried as adults for rape and murder
9 years, 3 months ago

Rajya Sabha passes Juvenile Justice Bill: 16-year-olds can now be tried as adults for rape and murder

Firstpost  

Juveniles aged 16 years and above will now be tried under laws for adults for heinous crimes as Parliament on Tuesday passed a much-expected bill in this regard against the backdrop of a juvenile convict being released in the gangrape-cum-murder case of December 2012. The Juvenile Justice Bill, which provides for lowering the age for trial from 18 years, was …

Delhi HC dismisses challenge against age-determination procedure under Juvenile Justice Rules [Read Judgment]
9 years, 4 months ago

Delhi HC dismisses challenge against age-determination procedure under Juvenile Justice Rules [Read Judgment]

Live Law  

Despite the slight variation in the preference to be given to the evidence that is required to be produced for determination of age between the Model Rules and the State Rules, the JJBs in Delhi are required to follow the procedure prescribed in the State Rules only, the Court clarified dismissing the challenge against age determination procedure in Juvenile Justice …

Delhi HC dismisses challenge against age-determination procedure under Juvenile Justice Rules [Read Judgment]
9 years, 4 months ago

Delhi HC dismisses challenge against age-determination procedure under Juvenile Justice Rules [Read Judgment]

Live Law  

Despite the slight variation in the preference to be given to the evidence that is required to be produced for determination of age between the Model Rules and the State Rules, the JJBs in Delhi are required to follow the procedure prescribed in the State Rules only, the Court clarified dismissing the challenge against age determination procedure in Juvenile Justice …

SC releases a Murder Convict who has been in Jail for 10 years finding that he was a Juvenile at the time of offence
9 years, 7 months ago

SC releases a Murder Convict who has been in Jail for 10 years finding that he was a Juvenile at the time of offence

Live Law  

Supreme Court of India has set free a man, who has been in prison for 10 years, for committing a murder in 1976, when he was a juvenile. Bench of Justices Pinaki Chandra Ghose and R.K. Agrawal held that Ram Narain vs. State of U.P., the petitioner,should get the benefit under Juvenile Justice Act since he was a juvenile on …

Juvenile Justice Care and Protection Bill 2014 introduced in the Lok Sabha
10 years, 7 months ago

Juvenile Justice Care and Protection Bill 2014 introduced in the Lok Sabha

India TV News  

New Delhi: After years of wait, the government has finally introduced the Juvenile Justice Care and protection Bill 2014 in the Lok Sabha today. This Act will give power to the Juvenile Justice Board to decide if juveniles between the ages of 16 – 18 should be tried as adults for despicable crimes like murder and rape.It will also empower …

Decision on fresh interpretation of term 'juvenile' reserved by Supreme Court
11 years, 2 months 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 …

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