Family Law / Matrimonial Dispute

Juvenile Matters

Children are the paragon of development and future of a nation. So a safe and healthy environment must be provided for utmost nurture of their character. Also India, is a home to the largest child population. But in recent time we witnessed , a high rate of juvenile offences in India, which is a major concern.

Thus our criminal jurisprudence, regarding juvenile offenders says that , prevention is better than cure regarding juveniles and they must be protected from going in a wrong path, and that is the cause why our Indian judicial system gives emphasis on Reformatory form of punishment to a juvenile offender. Also our constitution provides for a separate treatment for children.

Significant Legislation For Juvenile Justice

The nation introduced a separate legislation for dealing with the juvenile offenders .The first enactment was done was Juvenile Justice Act,1986. Which mainly deals with both neglected juveniles and delequent juveniles.

After the Nirbhaya rape case , where one of the accused was a juvenile, a few months shorter than 18 years of age, sentence to 3 years in reformative home, which was not adequate with the heinous crime done . This shooked the public ponderance over the Act, and debated for reduction of the juvenility age from 18 to 16. So the legislature came with The Juvenile Justice ( Care and Protection) Act, 2015, which included that any child between the age of 13 to 18 if committed any heinous crime , will be tried as an adult. Also the recent Act have categorized the offences, petty offences ( crime for which maximum punishment is upto 3 years), Serious offence ( crime for which punishment is between 3 to 7 years), Heinous offence ( crime for which punishment is 7 years or more ). And different procedure have been provided for categorization of such offences.

Juvenile Courts

Under Juvenile Justice law and provisions of the Criminal Code Procedure, childrens are not to be taken to a regular criminal courts, the purpose of a separate court is socio-legal rehabilitation and reformation instead of punishment. Two types of cases are processed by a juvenile court: civil matters, usually concerning care of an abandoned child or one whose parents cannot support him; and criminal matters arising from antisocial behaviour by the child.

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