Crpc Project.docx

SCHOOL OF LAW

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

PROJECT WORK: – Law of Criminal Procedure Code TOPIC: – Juveniles Crimes and Punishment and its exemptions & laws

Under the Supervision of: Prof. Bharti Nayar Khan NAME:

__HARISH KUMAR__

SAP NO:

_500060945______

ROLL NO:

___41____________

INTRODUCTION

Children constitute the core of humanity in the world. Children are the life veins of the society, pillars of the progressive nation, and crystallized energy stored reservoirs of the country and the builders of the future world. They are the supreme assets of any country and hence every effort should be made to provide them equal opportunities for their development. But with the advent of modernization and urbanization, one of the various problems of social disorganization that is juvenile delinquency needs greatest concern in the maintenance of social and cultural system of any country. Meaning of Juvenile Delinquency: "The term juvenile delinquency1 is heard and used so frequently that it is often assumed that everyone means the same thing when using it. Yet definitions differ widely in meaning and content. People generally agree that juvenile delinquency is misbehavior by children but there is much less agreement on the specifics of what constitutes misbehavior or who falls into the category of children.” In general terms, juvenile delinquency is deviant child behavior. When a young person gets involved in a criminal act, we call him as a juvenile and the crime as juvenile delinquency. Juvenile delinquency could mean any type of behavior by those socially defined as juveniles that violate the norms (standards of proper behavior) set by the controlling group. The juvenile delinquency refers to the failure of children and youth to meet certain obligations expected of them by the society in which they live. In India, the concept of Juvenile delinquency is confined to the violation of ordinary penal law of India so far as the jurisdiction of the juvenile court is concerned. The present law which governs the juveniles who are in conflict with law and children who are in need of care and protection is called as Juvenile 1

Juvenile Delinquency-crime committed by minor.

Justice (Care and Protection of Children) Act, 2000 2. This law has replaced the earlier law known as Juvenile Justice Act, 1986 in which the terms juvenile, delinquent juvenile and neglected juvenile have been specifically defined. Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of India amidst intense controversy, debate and protest on many of its provisions by Child Rights fraternity.3 It replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults.4 The Act came into force from 15 January 2016. The focus of juvenile legislation is on the juvenile’s reformation and rehabilitation, so that he also may have all the opportunities that are enjoyed by the other children. But there is a contrasting view that loudly states that juvenile’s offenders are committing violent crimes from which society should be protected. It is apprehended that this latter strain of thinking will gather momentum and pressure will be created to treat juvenile offenders on par with the adult offenders or toughen juvenile legislation, especially in respect of serious offences.

2

Juvenile justice act 2015- Passed on 7 May 2015 by the Lok sabha amid intense protest by several Members of Parliament. It was passed on 22 December 2015 by the Rajya sabha. 3 Fraternity- mutual support. 4 Adult- A person who by virtue of attaining a certain age, generally eighteen, is regarded in the eyes of the law as being able to manage his or her own affairs.

AGE OF CRIMINAL RESPONSIBILTY

The domestic laws of all countries have laid down a minimum age below which a person is exempt from prosecution and punishment. The rationale for such exemption is the absence of “mens rea”5 i.e. not to criminalize the acts of those who at the time of commission of the crime did not know the right from the wrong. The age of criminal responsibility in India is fixed at 7years by IPC [Indian penal code]. Under section 82 of IPC defined: nothing is an offence which is done by a child under seven years of age. Hence if a child under 7 years committed a crime, that child will not be prosecuted for that offence. Under section 83 of IPC defined: “nothing is an offence which is done by a child above seven years and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion”. The accused child to avail of this defence will have to prove that he is below 12 years and that he has not attained adequate maturity of understanding therefore he didn’t know that what he was doing was wrong. Under the Indian law children between 7 to 12 years of age having sufficient maturity and between 12 to 18 years who have committed an offence are responsible for their criminal acts, but are not to be treated or sentenced in the same manner as an adult. Such children will be dealt with under juvenile legislation, and the focus will be on reforming and rehabilitating6 them.

5 6

Mens rea- guilty mind Rehabilitating- a special place where juveniles

PUNISHMENT FOR JUVENILE OFFENDERS

Once a juvenile court judge determines that the minor violated a criminal law, he or she may order incarceration as a penalty. Here are some of the different levels of incarceration you may face as a juvenile delinquent: 

Home confinement or house arrest: The judge orders the minor to remain at home with certain exceptions for places such as school and counseling visits;

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Placement with someone other than a parent or guardian: The judge orders that you live with a relative, or in a group or a foster home;

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Juvenile hall: You are ordered to stay in a juvenile detention center for a short term;

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Probation (after juvenile hall): You may be ordered to stay in a juvenile detention facility for a few months and then be put on probation;

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Secured juvenile facilities: For more serious crimes, you may be sentenced to stay in a secured juvenile facility for a longer period of time;

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Adult jail: In a very serious case, you may be ordered to spend time in an adult county jail or state prison;

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Blended Sentence: In some jurisdictions, the juvenile court can order that you spend time in a juvenile facility until you are 18, then transfer to an adult jail.

Non-Incarceration Punishments for Juvenile Offenders: A juvenile court judge also has the discretion to offer rehabilitation options for you, depending on the crime. Some disposition orders that do not include confinement are:

 Verbal Warning: The judge simply reprimands you verbally;  Fine: You are ordered to pay a fine to the government or to the victim, if any;  Counseling;  Community Service: As your punishment, the court may ask that you complete a certain number of hours in service to your community;  Electronic Monitoring: You are ordered to wear a wrist or ankle bracelet at all times to verify where you are for a certain period of time;  Probation: You may be assigned certain conditions that you have to meet, including attending counseling, meeting curfews, avoiding certain individuals (such as gang members) and completing anger management classes. In this case you will be assigned a probation officer who reports back to the court. If you have violated the terms of your probation, you can receive a harsher disposition order such as incarceration. Can Juveniles Face Adult Criminal Penalties? The short answer is yes. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. These crimes include: 1. 2. 3. 4. 5. 6.

First Degree Murder; Rape; Forcible sex offenses in concert with another person; Forcible lewd and lascivious acts on a child under 14 years of age; Forcible penetration by a foreign object; and Sodomy or oral copulation by force, violence or menace.

LAWS AGAINST PROTECTION OF JUVENILE OFFENDERS

Juvenile Justice (Care and Protection of Children) Act, 2015:  Change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”.  Inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children;  Clarity in powers, function and responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC); clear timelines for inquiry by Juvenile Justice Board (JJB).  Special provisions for heinous offences committed by children above the age of sixteen years.  Separate new chapter on Adoption to streamline adoption of orphan, abandoned and surrendered children.  Inclusion of new offences committed against children.  Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or selling a child have been prescribed. Any official, who does not report an abandoned or orphaned child within 24 hours, is liable to imprisonment up to six months or fine of Rs 10,000 or both. The penalty for non-registration of child care institutions is imprisonment up to one year or fine of one lakh rupees, or both. The penalty for giving a child intoxicating liquor, narcotic or psychotropic substances is imprisonment up to seven years or fine of one lakh rupees, or both.  Several rehabilitation and social reintegration measures have been provided for children in conflict with law and those in need of care and protection.

CASE LAWS 1. State of Madhya Pradesh Vs Ramesh Nai and anr. On 14oct,1974. 2. Hari ram Vs State of Rajasthan & Anr. On 5 May,2009. 3. Prabakaran Vs State of Tamilnadu on 18 March, 2003. 4. Selvi Vs State of kerela on 30 September,2008,

CONCLSION

The general outline ofthe topic of'Juvenile Delinquency’ discussed in the earlierhalfofthis chapterreveals thatjuvenile behaviouris regarded as a problemof every generation and ofevery corner ofthe world. Deviant behaviour of children has posed many social problems from time immemorial and whathas now changed is only the nature and definition of such behaviour.