Category: Juvenile Justice

Legal Provisions of Section 377 of Indian Penal Code, 1860.Unnatural offences:This section makes unnatural offences punishable under the Code. It says that whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine. The explanation attached to this section states that penetration is sufficient to constitute the carnal intercourse necessary to the offence under this section. Image Source: cdn.onegreenplanet.org ADVERTISEMENTS: The carnal intercourse on the part of the offender under this section must be voluntary and with a man, woman or animal, and it must be against the order of nature. Like the offence of rape, penetration…

Legal provisions regarding sentences which Magistrates may pass as per as rule of the Juvenile Justice (Care and Protection of Children) Rule 2007. Image Source: adeca.alabama.gov(1) The homes for juveniles in conflict with law and children in need of care and protection shall function from separate premises. ADVERTISEMENTS: (2) The accommodation in each institution shall be as per the following criteria, namely:(a) Observation Home:(i) Separate observation homes for girls and boys;(ii) Classification and segregation of juveniles according to their age group preferably 7-11 years, 12-16 years and 16-18 years, giving due consideration to physical and mental status and the nature of the offence committed. ADVERTISEMENTS: (b) Special Home:(i) Separate special home for girls above the age of 10 years and boys in the age groups of 11 to 15 and…

(1) When any Magistrate not empowered to exercise the powers of a Board under this Act is of the opinion that a person brought before him under any of the provisions of this Act (other than for the purpose of giving evidence), is a juvenile or the child, he shall without any delay record such opinion and forward the juvenile or the child and the record of the proceeding to the competent authority having jurisdiction over the proceeding. Image Source: abc.net.au(2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold the inquiry as if the juvenile or the child had originally been brought before it.Comment: ADVERTISEMENTS: This section provides that when a juvenile in conflict with law is produced before a Magistrate who does not…

This section contains provisions relating to release of Juvenile on bail. The provisions of bail in case of juvenile are different from those of other accused persons. In case of juveniles the normal rule is bail and not jail. In other words, they should be released on bail as a general rule and should be sent to jail only in exceptional cases. Image Source: djs-bailbonds.net ADVERTISEMENTS: A juvenile in conflict with law, will not be released on bail when there are reasonable grounds to believe that (i) it is likely to bring him in association with any known criminal; or (ii) expose him to mental, physical or psychological danger; or (iii) his release is likely to defeat the ends of justice. If there is no such possibility, he must be…

[(1) As soon as a juvenile in conflict with law is apprehended by police, he shall be placed under the charge of the special juvenile police unit or the designated police officer, who shall produce the juvenile before the Board without any loss of time but within a period of twenty-four hours of his apprehension excluding the time necessary for the journey, from the place where the juvenile was apprehended, to the Board: Image Source: androidheadlines.comProvided that in no case, a juvenile in conflict with law shall be placed in a police lockup or lodged in a jail.] ADVERTISEMENTS: (2) The State Government may make rules consistent with this Act—(i) To provide for persons through whom (including registered voluntary organisations) any juvenile in conflict with law may be produced before…

[(1)] Where a juvenile having been charged with the offence is produced before a Board, the Board shall hold the inquiry in accordance with the provisions of this Act and may take such order in relation to the juvenile as it deems fit: Image Source: stressbeaters.comProvided that an enquiry under this section shall be completed within a period of four months from the date of its commencement, unless the period is extended by the Board having regard to the circumstances of the case and in special cases after recording the reasons in writing for such extension. ADVERTISEMENTS: [(2) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pendency of cases of the Board of every six months, and shall direct the Board to increase the frequency of…

(1) Notwith­standing anything contained in any other law, a juvenile who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attaching to a conviction of an offence under such law. Image Source: i.ytimg.com(2) The Board shall make an order directing that the relevant records of such conviction shall be removed after the expiry of the period of appeal or a reasonable period as prescribed under the rules, as the case may be.Comment: ADVERTISEMENTS: The provisions of this section are analogous to those of Section 12 of the Probation of Offenders Act, 1958 which removes disqualification attaching to conviction. The section provides that a juvenile who has committed an offence and has been dealt with under the provisions of…

Where a juvenile is arrested, the officer-in-charge of the police station or the special juvenile police unit to which the juvenile is brought shall, as soon as may be after the arrest, inform— Image Source: united.k12.il.us(a) The parent or guardian of the juvenile, if he can be found of such arrest and direct him to be present at the Board before which the juvenile will appear; and ADVERTISEMENTS: (b) The probation officer of such arrest to enable him to obtain information regarding the antecedents and family background of the juvenile and other material circumstances likely to be of assistance to the Board for making inquiry.Comment: When a juvenile in conflict with law is arrested and brought to police station, it shall be duty of the officer-in-charge of the Police Station…

This section contains special provisions relating to proceedings which were pending decision before a Juvenile Court at the date of enforcement of the Juvenile Justice (Care and Protection of Children) Act, 2000. According to this section, such pending proceeding shall continue as if this Act were not passed and if the Court comes to the conclusion that the juvenile is guilty of committing the offence, it shall forward the case to the Juvenile Justice Board constituted under the Act of 2000 instead of itself passing the sentence. If the Board, after an inquiry against the juvenile finds that he has committed an offence, it shall make order under Section 15 of the Act as it deems fit. Image Source: assets.rbl.msThe essence of this section may be stated thus— ADVERTISEMENTS: (i)…

(1) Where a Board is satisfied on enquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the Board may, if it thinks so fit,—(a) Allow the juvenile to go home after advice or admonition following appropriate enquiry against and counselling to the parent or the guardian and the juvenile, Image Source: cdn.sheknows.com ADVERTISEMENTS: (b) Direct the juvenile to participate in group counselling and similar activities;(c) Order the juvenile to perform community service;(d) Order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years of age and earns money;(e) Direct the juvenile to be released on probation of good conduct and placed under the care of…