Trial of
Juveniles By Ashok Priyadarshi
A three-Judge bench of the Supreme Court in Umesh Chandra AIR 1982 SC 1057 after considering the law held that the law being a piece of social legislation is meant for the protection of infants who commit criminal offences and, thus provisions should be liberally and meaningfully construed so as the object of the law to protect young children from the consequences of their criminal acts on the footing that their mind at that age could not be said to be mature for imputing mens rea as in the case of an adult. The
Juvenile Justice (Care and Protection of Children) Act 2000 provides succour to the children who were being incarcerated along with adults and were subjected to various abuses. It would be in the fitness of things that appreciation of the very object and purpose of the legislation is seen with a clear understanding which sought to bring relief to juvenile delinquents, a person who is of below 18 years of age and is alleged to have committed an offence. Section 3 provides for continuation of inquiry in respect of juvenile who has ceased to be a juvenile. A Magistrate before whom a juvenile is produced must without any delay record his opinion, and if it is found that a person brought before him is a juvenile, he shall record the same and forward him with the record of the proceeding to the Juvenile Board The trial of the juveniles is not to be held by a general court but by Juvenile Board constituted under the law. On apprehension of a juvenile in conflict with law; he shall be placed under the charge of a special juvenile police unit or the designated police officer who shall immediately report the matter to a member of the Board. In no circumstances, a person who appears to be juvenile is to be placed in a police lock-up, rather be kept in an observation home until brought before the Board. The law mandates the Board to make an order sending a juvenile to the observation home instead of prison and for holding of an inquiry regarding a juvenile within a period of four months. The law provides for an order that may be passed regarding juvenile, Where a Board is satisfied on inquiry that a juvenile has committed an offence, then notwithstanding anything to the contrary contained in any other law for the time being in force if it thinks so fit.- (a) make an order directing the juvenile to be sent to a special home.- (b) in the case of juvenile, over seventeen years but less than eighteen years of age for a period of not less than two years; (ic) in case of any other juvenile for the period until he ceases to be a juvenile : Provided that the Board may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit." The law also mandates that no juvenile shall be sentenced to death or life imprisonment or committed to prison in default of payment of fine or in default of furnishing security. Supreme Court of India has directed the magistrates to assess the age first before starting the proceedings . Above all it has directed the jail authorities to not to accept any prisoner without the age specified in the warrant. The law also specifies the orders that the Juvenile Justice Boards can pass. They are as follows :- a) Allow the juvenile to go home after advise or admonition. b) Release the juvenile under the probation of good conduct under the care of any parent or fit person or Institution on executing a bond , with or without sureties for the well being of the juvenile for any period not exceeding three years. c) The law permits the courts to impose fines on such delinquent employees , who are above 14 years of age and are employed in some job. The law restricts the Juvenile Justice Boards:- i) To pass death sentence in cases of juveniles. ii) imprisonment or committing to prison in default of payment of fine or in default of furnishing sureties. iii) No juvenile has to be charged or tried with persons , who are not juveniles. iv) The maximum punishment to a juvenile cannot be more than three years. The law also provides an Advisory Board , which visits the Homes periodically and makes a report to the government of the States. The order passed by the Juvenile Justice Board is appeal able before the Session Judge and revisable by the High Court. But if the juvenile has been acquitted of the charges the state cannot file an appeal against such order. Under the law persons involved in exploitation of the juvenile by forcing them in beggary , drug trafficking are to be punished with fine and imprisonment. Further more the magazines , newspapers reporting the case of children are not to disclose the address , identity of the child involved in the case and if it is done it will lead to a punishment.