IMPLICATION OF JUVNIE ACT IN INDIA

CrPC

NAME: Shivam kumar

ROLL NO: 2013106
SEMESTER 3rd

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Visakhapatnam
Feb 2014

Table Of Content:

TITLE

Page Number

Acknowledgment

List of cases

Abstract

Introduction

Ingredent

What is acid attack

Case analysis of sonali mukherji
Concept of Strict Liability
Origin of strict Liability
What is the Application of Strict

liability in Criminal Law

Arguments in favour of Strict Liability
Arguments against Strict Liability
Cases of Strict Liability
Cases of Acid attack

Coclusion

16

Bibliography

16

ACKNOWLEDGEMENT

I owe a great many thanks to a great many people who helped and supported me during the
writing of this project. My deepest thanks to Nandini mam, the Guide of the project for guiding
and correcting various documents of mine with attention and care. He has taken pain to go
through the project and make necessary correction as and when needed.
My deep sense of gratitude to the Librarian, Damodaram Sanjivayya National Law University, for his
support and guidance. I would also thank my Institution and my faculty members without whom
this project would have been a distant reality. Thanks and appreciation to my helpful friends and
classmates for their support. I also extend my heartfelt thanks to my family and well wishers.
Thank you
-

List of Cases:

Shivam kumar

Abstract:

The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal
framework for juvenile justice in India. The Act provides for a special approach towards the
prevention and treatment of juvenile delinquency and provides a framework for the
protection, treatment and rehabilitation of children in the purview of the juvenile justice
system. This law, brought in compliance of the 1989 UN Convention on the Rights of the
Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and
ratified the UNCRC in 1992. This Act has been further amended in 2006 and 2010. The
Government of India is once again contemplating bringing further amendments and a review
committee has been constituted by Ministry of Women and Child Development which is
reviewing the existing legislation .
Juvenile justice has been given some shape with Juvenile Justice Act 2000 AD. Persons
dealing with children need to sensitize themselves with this Act. One needs to know the
provisions made, to understand whether it is being properly implemented. Only on observing
it being implemented, can one get insight into the problems inherent in it, and if one knows
the problems, one can suggest improvements in the Act. For successful compliance of Court
orders, and to punish violators, monitoring bodies need to be set up, who should be given
legal powers as well. Effective child protection and development depends on skills,
knowledge and judgment of all professionals, personnel and staff working with children .
The Act is considered to be extremely progressive legislation and the Model Rules 2007
have further added to the effectiveness of this welfare legislation. However, the
implementation is a very serious concern even in 2013 and the Supreme Court of India is
constantly looking into the implementation of this law in Sampurna Behrua v Union of
India and Bachpan Bachao Andolan v Union of India. In addition to the Supreme Court,
the Bombay and Allahabad High Courts are also monitoring implementation of the Act in
judicial proceedings. In order to upgrade the Juvenile Justice Administration System, the
Government of India launched the Integrated Child Protection Scheme (ICPS) in 2009-10
whereby financial allocations have been increased and various existing schemes have been
merged under one scheme . A separate petition titled Deepika Thusso v State of Jammu and
Kashmir is also pending consideration before the Supreme Court on implementation of the
Juvenile Justice Act, 1997 which is applicable in the State of Jammu & Kashmir.

Introduction:

So long as little children are allowed to suffer, there is no true love in this
world. Justice is everybodys right. Childrens justice is to be ensured by adults
because they can not lobby for themselves. According to the 2001 census India
is estimated to have more than 400 million children below the age of 18 and we
need a separate group of social workers, politicians & professionals to look after
their interests. The two reasons that compel a re-examination of Juvenile Justice
are, lack of clear understanding, and inadequacies of the system, which may
lead to re-criminalizing delinquency
The issue of serious/violent juvenile crime is a very complex one, warranting a
judicious approach to be adopted in order to effectively address the competing
interests of these juveniles, the victims (especially women and girls), and that of
public safety. The gang rape on 16 December 2012 has triggered a nationwide
debate on a number of issues, one of them being the quantum of punishment for
juveniles involved in heinous crimes. The Juvenile Justice (Care and Protection of
Children) Act, 2000 (JJ Act) prescribes a maximum period of three years detention
in a Special Home (SH), which many believe as being disproportionate to the
impact of such a crime on the victim and society. There are two distinct positions
that have emerged one that all juveniles in the age group of 16-18 years be
dealt with by the adult criminal justice system and second, that only those
juveniles who have allegedly committed heinous crimes be dealt with in this
manner, through the establishment of a waiver system. Shorn of the panic it has
triggered, the incident has raised issues that require a deeper examination of the
principles and values of the juvenile justice system and an evaluation of the
adequacy of responses to juveniles who commit serious/violent crime in India.
This paper examines the measures contained in juvenile law in India, highlights
issues concerning rehabilitation/restoration/aftercare for this group of children,
and addresses the appropriateness of subjecting such juveniles to the adult
system. The paper concludes with an attempt to list appropriate steps that must
be taken by the State and civil society to more effectively address the problem of
juveniles who commit serious offences in India. At the outset, it is necessary to
clarify what is meant by the term serious offences. While the term does not
appear in the text of the Indian Penal Code, 1860 (IPC), the Code of Criminal
Procedure, 1973 (Cr.P.C), or the JJ Act, it does in the Juvenile Justice (Care and
Protection of Children) Rules, 2007 (JJ Model Rules). According to Rule 11(7), the
Police or the Special Juvenile Police Unit (SJPU) should apprehend a juvenile only
if he/she is allegedly involved in serious offences (entailing a punishment of

more than 7 years imprisonment for adults). For the purpose of this paper, the
term serious offence will therefore mean offences that carry more than 7 years
imprisonment for adults.
Shorn of the panic it has triggered, the incident has raised issues that require a
deeper examination of the principles and values of the juvenile justice system
and an evaluation of the adequacy of responses to juveniles who commit
serious/violent crime in India. This paper examines the measures contained in
juvenile

law

in

India,

highlights

issues

concerning

rehabilitation/restoration/aftercare for this group of children, and addresses the

appropriateness of subjecting such juveniles to the adult system. The paper
concludes with an attempt to list appropriate steps that must be taken by the
State and civil society to more effectively address the problem of juveniles who
commit serious offences in India.

Background of juvenile justice:

The Constitution on India provides the basis for the legal framework to protect children,
whom it recognizes as a discrete group with identifiable rights and needs. The constitution
mandates child protection as a special provision in Article 15 (3). Article 39 (E) & (F)
provides protection of childrens healthy development. Article 24 prevents children from
working in hazardous situations below 14 years. Article 45 provides the right of children for
free and compulsory education and Article 47 prohibits the consumption of liquor and
intoxicating drugs, except for medical purposes. Moreover, Indian Penal Code (2005)
provides protection of children from sexual abuse in sections 354, 375 and 509, selling of
minors for prostitution in sections 366, 366A, 366B and 372, buying minors for the purpose
of prostitution in section 373 and non-consensual assault of male child in section 377. A kind
of criminal or quasi-criminal jurisdiction was provided under the Juvenile Justice Act
(Government of India (GOI), 1986), covering proceedings for both the categories of children,
viz., delinquent juveniles as well as the neglected juveniles. The Convention on the Rights of
the Child (United Nations, 1989) provides elaborate catalogue of childrens rights that can be
grouped into four categories: Right to Survival, Right to Protection, Right to Participation
and Right to Development. The Juvenile Justice Act (JJA) (GOI, 1986) was inadequate as
non-institutional methods such as family and school based preventive services to deal with
juvenile delinquency were neither specified nor explored. Moreover, the Act did not directly
deal with child sexual abuse. Despite the law, children were taken for interrogation overnight,

detained, tortured and released in the morning. So, the Juvenile Justice Act (GOI, 1986) got
replaced by the most comprehensive law to deal with childrens right, Juvenile Justice (Care
& Protection of Children) Act (GOI, 2000).
The first legislation on juvenile justice in India came in 1850 with the Apprentice
Act which required that children between the ages of 10-18 convicted in courts to be provided
vocational training as part of their rehabilitation process. This act was transplanted by
the Reformatory Schools Act, 1897, the Indian Jail Committee and later the Children Act of
1960. The Juvenile Justice Bill was first introduced in the Lok Sabha on 22 August 1986.
This Act was further amended in 2006 and 2011 and is now known as the Juvenile Justice
(Care and Protection) Act, 2000. The State of Jammu and Kashmir has repealed its existing
juvenile law of 1997 and has enacted the Jammu & Kashmir (Care and Protection of
Children) Act 2013. This legislation is very similar to India's national juvenile law except that
it does not contain any provision on adoption.
Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) as
amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (33
of 2006)., states that: Prohibition of publication of name, etc., of juvenile or child in need of
care and protection involved in any proceeding under the Act-(1) No report in any newspaper,
magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law
or a child in need of care and protection under this Act shall disclose the name, address or
school or any other particulars calculated to lead to the identification of the juvenile or child
shall nor shall any picture of any such juvenile or child shall be published: Provided that for
any reason to be recorded in writing, the authority holding the inquiry may permit such
disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child. (2)
Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty
which may extend to twenty-five thousand rupees.
While provisions relating to the Juveniles in conflict with law are very important from
jurisprudence point of view, this Act becomes very crucial for Children in Need of Care and
Protection, as they are very large in number. Section 29 of the Act provides constituting five
members District (Administrative unit in India) level quasi-judicial body "Child Welfare
Committee". One of the members is designated as Chairperson. At least one of the members
shall be woman. The Committee shall have the final authority to dispose of cases for the care,

protection, treatment, development and rehabilitation of the 'Children in Need of Care and
Protection' as well as to provide for their basic needs and protection of human rights.
The Supreme Court of India vide Judgement in Hari Ram v State of Rajasthan confirmed
the retrospective effect of the Juvenile Justice Act, 2000 in 2009, which was earlier confirmed
by some of the High Courts in India, particularly by Bombay High Court.
Who is juvenile:
Before the establishment of juvenile courts, children under the age of seven were never held
responsible for criminal acts. The law considered them incapable of forming the necessary
criminal intent. Children between the ages of 7 and 14 were generally thought to be incapable
of committing a criminal act, but this belief could be disproved by showing that the youth
knew the act was a crime or would cause harm to another and committed it anyway. Children
over the age of 14 could be charged with a crime and handled in the same manner as an
adult.3
Today, all states set age limits that determine whether a person accused of a crime is treated
as an adult or as a juvenile. In most states, young people are considered juveniles until age
18. However, some states set the limit at 16 and 17.
In most states, a juvenile charged with a serious crime, such as robbery or murder, can be
transferred to criminal court and tried as an adult. Sometimes prosecutors make this decision,
or some states that allow transfers require a hearing to consider the age and record of the
juvenile, the type of crime, and the likelihood that the youth can be helped by the juvenile
court. As a result of a get-tough attitude involving juvenile crime, many states have revised
their juvenile codes to make it easier to transfer youthful offenders to adult court.
Recent years have seen an increase in serious crime by juveniles. This has included more
violent acts, such as murder, which are often related to drugs, gangs, or both. Consequently,
there has been a movement in congress and in a number of states to further reduce the age at
which juveniles can be tried as adults. Some people believe all juveniles should be tried as
adults if they commit certain violent crimes.
Juvenile Crime, in law, term denoting various offenses committed by children or youths
under the age of 18. Such acts are sometimes referred to as juvenile delinquency. Childrens

offenses typically include delinquent acts, which would be considered crimes if committed by
adults, and status offenses, which are less serious misbehavior such as truancy and parental
disobedience. Both are within the jurisdiction of the juvenile court; more serious offenses
committed by minors may be tried in criminal court and be subject to prison sentences.
Under certain circumstances, youthful offenders can be tried either as juveniles or as adults.
But even in these situations, their treatment is different from that of adults, for example, a
juvenile who is arrested for an adult offense can be adjudicated in either juvenile court or
adult court; if convicted, he or she can be placed with either other juvenile or adults. In
contrast, an adult charged with the same offense would be tried in an adult court; if convicted,
he or she would be incarcerated by the state and would be housed with adults.
This unit will conclude with actual written case studies featuring current topics, issues, and
events. Each case is written to develop one or more decision-making skills can help them
achieve goals they value are likely to strive to acquire these competencies.
Objectives:
1). Help students acquire knowledge and skills needed to carry out their responsibilities and
rights.
2). Help students increase their thinking skills and decision making process.
3). Help students understand causes of juvenile crime.
4). Help students understand the juvenile system.
5). Help students use skills in finding, comprehending, organizing, communicating
information, and ideas.
6). Apply questions to decision-making situations.
7). Identify the role of the courts and the juvenile.
`
8). Increasing student vocabulary.
9). Identify the role of the Juvenile Court.
The juvenile justice system has evolved over the years based on the premise that juveniles are
different from adults and juveniles who commit criminal acts generally should be treated
differently from adults. Separate courts, detention facilities, rules, procedures, and laws were

created for juveniles with the intent to protect their welfare and rehabilitate them, while
protecting public safety.
The root causes of crime are many and diverse. Any hope of addressing those causes
successfully requires multi-faceted strategies, bits and pieces of which can be implemented
by neighborhoods, communities and various levels of government. There is no silver bulletno
simple, expedient answer that can be imposed from above. Any solution to juvenile crime
must involve all sectors of society: individuals, families, schools, churches, community
groups, governments and businesses. While the scope of effort involved should be as broad as
all of society.
What is juvenile crime:
In its simplest definition, crime is any specific act prohibited by law for which society has
provided a formally sanctioned punishment. This also can include the failure of a person to
perform an act specifically required by law.
Types of offenses crimes, whether committed by adults or juveniles, are classified by the
seriousness of the offenses as follows: a felony is the most serious offense, punishable by a
sentence to a state institution (youth authority facility or adult prison). Felonies generally
include violent crimes, sex offenses, and many types of drugs and property violations.
A misdemeanor is a less serious offense for which the offender may be sentenced to
probation, county detention (in a juvenile facility or jail), a fine, or some combination of the
three. Misdemeanors generally include crimes such as assault and battery, petty theft, and
public drunkenness. A fraction is the least serious offense and generally is punishable by a
fine. Many motor vehicle violations are considered infraction. Juveniles, like adults, can be
charge with a felony, a misdemeanor, or an infraction. However, as we will discuss later,
juveniles can also be charged with offenses that are unique to youth.
What is juvenile court:
The juvenile court is a noble institutiona noble, underfunded, often unappreciated institution
charged with the most important duty imaginable, protecting and reforming our children
when all else failed.

The juvenile court is one of the few places in society where the needs of children are
paramount and where a passion for helping children defines its work. In the juvenile court,
children are the absolute priority. The juvenile court is doing a creditable job under adverse
circumstances toward achieving these goals however, a better job is needed and, fortunately,
it can be achieved.
Hazelwood v. Kuhlmeier
The Hazelwood vs. kuhlmeier case deals with the first Amendment rights of students to free
expression. The controversy began in the Spring of 1983 when Robert E. Reynolds, the
principal of Hazelwood East High School, refused to permit the publication of two articles in
the Spectrum, a school newspaper.
In this unit, students will read about young people under the age of 18. In some ways, these
young people are probably a lot like them and their friends. In other ways they may be quite
different. For the people they are going to read about have been in trouble with the law. They
are just a few of the thousands of young people whom state and local government call
juvenile delinquents. Supreme Court said:
1). Juveniles must be warned that they do not have to testify against themselves or give a
confession.
2). Like adults, they are entitled to a lawyer for any offense for which an adult could have
one. If they cant afford a lawyer, the court must furnish one.
3). Juveniles must be told what the charges are against them soon enough to prepare for their
hearing
. 4). They have a right to confront the witnesses against them and cross-examine them.
Witnesses must be sworn in.