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Impact Of Age In Criminal Cases

Impact Of Age In Criminal Cases By Juvenile Lawyers Chandigarh Mohali Panchkula

According to sub- section 12 of Section 2 of The Juvenile (Care and Protection) Act, 2015 a “child” means a person who has not completed eighteen years of age. The Act classifies the term “child” into two categories: – Juvenile Lawyers Chandigarh Mohali Panchkula

  • “child in conflict with law’ and
  • “child in need of care and protection”

Juvenile Lawyers Chandigarh Mohali Panchkula

“The India’s future depends upon the legislature, don’t ruined New ideas -new methods, and don’t let them go in BAD way”

The child who has committed an offence and he or she is under the age of 18 years on the date of commission of the offence is basically called as “child in conflict with law”. The second sub – category is “child in need of care and protection”  means a child ad defined under Section 14 of the Act.

  • Children Act, 1960 :- Section 2(e) of the Act states “ child” means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years.
  • United Nations Convention : – The UN  Convention on the Rights of Child, 1989 defines that “child” means a human being below the age  of eighteen years unless the law declaration applicable to child , majority is attained earlier. Juvenile Lawyers Chandigarh Mohali Panchkula

In 18th century, the first legislation deal with child committing crime was

  • Apprentices act, 1850 -it provide the punishment for petty offences to children below age of 15yrs.
  • In reformatory school act, 1897- provide children up to age of 15yrs sentenced to imprisonment would send to reformatory cell.
  • Juvenile justice act, 1986- brought uniformity-later amended to juvenile justice (care & protection) act, 2000.

In India, many offences were committed and still continue and never stops but there is severe problem because of which laws must be made in respect of such crimes. Children’s are treated as god soul & national assets. The experienced peoples and society has to take care of their children’s that they shouldn’t go under any bad activity. It is also the duty of the government to provide proper opportunity to children’s to get equal opportunity for development which reduces inequality. It is require that the children’s must be respectful and obedient but due to certain factors or family reasons and the technological factors etc. they involve in criminal behavior which is known as juvenile crime. U/s 2(a) of JUVENILE JUSTICE ACT, 1986– a boy who not attained the age of 16 yrs. & girl 18th yr. consider as juvenile. Later parliament make changes in it in which it raised the age bar to 18 yr for both girls and boys. There are many criminals but we need to save the young ones (the future of India) to involve in such kind of practice, the juvenile – The youth or young child who commit any illegal or unlawful act. For their benefit or safeguards & to stop them involving in such practices, there must be strict laws.

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Juvenile justice is the branch of criminal law in which person of young age held liable for the criminal act. The age of juvenile is 18 yr. The state law governed juvenile laws but most state also enact juvenile code.

Rape, murder, theft, burglary, dacoit, snatching. Etc. are the various offences which has been committed by the juveniles and increasing day-by-day. All these crimes were committed by the children below 18yr of age. -:

THE RATIO WAS RISEN FROM 2.5 %( 2012) TO 13.6 %( 2013).

The inhuman gang rape committed in India on 16th Dec. & Shakti mill rape case the presence of minor is there. There is need to amend the present juvenile justice (care &protection) act, 2000.

All these crime that has been committed by juveniles because of various reasons. Such as-

During the pendency the juvenile was kept in the observation home for max. 3yr even though he committed more grievous offence but he got punish for 3yr , u/s 17 of juvenile act, 2000- immunity to the child below 18 yrs, because state believe that the child can reform & can easily change to a disciple and respectful citizen.

If the crime is committed by a person of 16-18 yr. then juvenile board will determine that the same crime committed as a “child or adult” then psychologist &social experts make sure that right of juvenile must be duly protected if crime was committed as a child. On the basis of board assessment report trial was done. Generally we see that the nature of crime committed by the child is same as of adult and juvenile have full knowledge and intention over such crime. Media and internet were fully responsible for this, the children what they don’t want to know in their young age, they were familiar with all such terms and offences even with the measures/precautions that should be takes place. Therefore the child who commits such heinous crime must get same punishment as of adults so that victims also get justice and for this purpose proper amendment should take place. The main motto while amending was “care& protection” & not punishment.

Increasing offences by the juveniles going to harm the society in large & unless a strict law has to made the future will be in bad hands which may result to so many wider problems. Previously it was headed by different judges that they refuse to lower the age of juvenile for punishment of heinous offences but later in April various judges make a view that there is need to relook in the system especially in heinous crime.

In order to relocate laws there is need to make a separate legal system for juveniles because as time lapse the offences go on increasing. Juveniles have to be punished according to the work he committed like if juvenile is delinquents, status offenders, dependent or neglected children. On the basis of age these juveniles are been categories and punished. It depends upon the police as the nature of offence juvenile commit they must be punished, sometimes police without recording release the accused because of corruption or family reason or political reason and handle everything in their own way. In their reasonable way:-

  • Release and warn e.g.- curfew violations, running away, and trespassing
  • Release and file a report.
  • Take to the police station and make a referral to youth‐services agency.
  • Refer to juvenile court with & without detention.

It’s not like that the judiciary don’t wants to make such law for such heinous crime but they are already overburden with given cases and if the punishment is given to such juveniles in harder sense it somehow increases the function and the no. of cases for judiciary. The law still not enacted for decreasing the age limit of juveniles. But after Nirbhaya Delhi gang rape case, 16th Dec, 2012.The voice raise by the people of the country for a strict law and it is also given in the constitution – to have a dignified life, respect, equality, happiness etc. to every citizen of India. Then why such crime has been committed? Why the reason was inequality, clothing, to freely move anywhere. The protest was too powerful that every citizen of India was watching for justice and the burden comes on legislature itself. The laws were made& it somehow empowers the women to speak without any fear and demand justice.

Changes in Cr.P.C. & IPC & Juvenile Act was done. Various bill was also passed in favors of women’s, children and men’s who were innocent, and against the culprit if they commit any grievous offence then must be punish for more punishment than before, irrespective of their age.

After making so many efforts the J.J.B.(care& protection of children) passed by Lok Sabha declared- that ages between 16-18 yr. are consider as adult and punished in adult court if committed such heinous crime.

After amendment-

  • After completion of conviction record of heinous offences must be destroyed.
  • Can receive financial support after leaving of institutional care.
  • Before giving for adoption kept for 60 days.
  • For appeal, experienced psychologists and medical specialists can give help or witness.
  • If child willing to come in police then proper training should be given
  • If commit any heinous crime then send to preliminary assessment for period of 3months.
  • Preliminary assessment – to know the capacity to commit crime by a child not a trial.
  • Fair trial – look special need of child to make friendly environment
  • If prove convicted then provide proper qualification.

The main thing is that in order to stop the child to commit such act it’s very much important that the family should understand their children and give proper care and time to treat and provide good moral thoughts to them, difference between right and wrong. And these media is also somehow responsible like various adults’ film they release and various method for committing the crime and many more which somehow increases the thinking process of the minors and encourage them to commit such offences if only moral values and good film are made & release it become beneficial for the society. And if that’s not possible then criminal, conspiracy n adults movies remain for the adult only should not permitted for the specific age.

Yes, there is need to make a change in the juvenile system and that could only be possible because of the Damini case. More changes have to be done. As possible as strict laws should be enacted in order to bring a terror in the eyes of people to stop committing the grievous offences.

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