JUDICIARY MY DREAM

Use of discretion by Juvenile Justice Board in disposition of cases of Juvenile Offenders Chapter III Juvenile Justice Board 5. Placement of person, who cease to be a child during process of inquiry. Where an inquiry has been initiated in respect of any child under this Act, and during the course of such inquiry, the child completes the age of eighteen years, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the inquiry may be continued by the Board and orders may be passed in respect of such person as if such person had continued to be a child. 6. Placement of persons, who committed an offence, when person was below the age of eighteen years. 1. Any person, who has completed eighteen years of age, and is apprehended for committing an offence when he was below the age of eighteen years, then, such person shall, subject to the provisions of this section, be treated as a child during the process of inquiry. 2. The person ref...

Institutions to apprehend, treatment and rehabilitation of juvenile offenders in India   Introduction Juvenile or Children are a conflict with law referred to children under the age of 18 years and suspected or accused of committing a crime or be part of illegal activity. Children in conflict with law cannot be arrested by a police officer and can only be apprehended. Only minors between the age of 16-18 years committed heinous crimes can be treated and tried as adults. What is Rehabilitation? The primary motto of punishment is to make the convict understand the grievous nature of the crime committed and regret his/her actions. Hence after the completion (full or partial) of the sentence, the convict has to be prepared to get back into society. The ex-convicts always viewed with a suspicious mind by the general public. Hence the ex-convicts should be prepared mentally and may be taught skill sets to improve their job ability. Special programs to prevent substance abuse, i...

Immoral Traffic (Prevention) Act,1956 2. Definitions .In this Act, unless the context otherwise requires, (a) brothel includes any house, room, [conveyance] or place or any portion of any house, room, [conveyance] or place, which is used for purposes [of sexual exploitation or abuse] for the gain of another person or for the mutual gain of two or more prostitutes; (aa) child means a person who has not completed the age of sixteen years; (b) corrective institution means an institution, by whatever name called (being an institution established or licensed as such under section 21), in which [persons], who are in need of correction, may be detained under this Act, and includes a shelter where [under trials] may be kept in pursuance of this Act;   (c) Magistrate means a Magistrate specified in the second column of the Schedule as being competent to exercise the powers conferred by the section in which the expression occurs and which is specified in the first column of the Sc...

Juvenile under Juvenile Justice Act and Provision Determining Age of Juvenile Delinquent Definition of Child and Juvenile under the Juvenile Justice Act, 2015 and other various laws Generally, a “child ”mean a person who has not attain the age of 18 years and is not mature to understand that what is right and wrong . In modern era, the penal laws of most countries have adopted the principle of ‘doli incapex’, which means of knowing that act there are committing is a crime. The penal laws also states that   Only child between the age of seven to twelve age can be convicted, provided that, the act they have committed is a heinous crime and they have knowledge and has attained the sufficient knowledge to understand the consequences of their act. 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: – “child in confli...

Offences Against Children under The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 Background The laws of India do not permit abortion.   The Medical Termination of Pregnancy Act, 1971 (MTP) Act, which prohibits abortion, was enacted with a view towards containing the size of the family.   However, in some cases the desire for a small family may have outweighed the desire for a child of a specific gender, leading to abortions where the sex of the foetus was different from that desired by the family.   The MTP Act stipulated that an abortion may lawfully be done in qualified circumstances.   But the unscrupulous connived to misuse the law to have abortions conducted for the purpose of sex selection.   Later, innovative technologies made sex selection easier, and without the regulations to control the use of such technologies, these technologies began to be misused for sex-selective abortions.   These actions neces...

Child Labour (Prohibition and Regulation) Act, 1986 Child labour is a major issue not only in India but in every developing country because it destroys a child’s physically as well as mentally. Because of poverty, child labour has become more prevalent, not only in India but globally. Children are the hope and future of a nation that is why it constitutes a social problem. Many laws have been enacted in order to prohibit child labour, however they haven’t been effective in curbing the problem. The statistic report of 2017 explains that India is one of the leading countries in Asia as it has 33 million children employed in child labour. According to the 2011 Census, total child population was 259.6 million out of which 10.1 million are either working as main worker or as marginal workers According to the Child Labour (Prohibition and Regulation) Act, 1986 a child below the age of 14 years cannot be employed in 16 occupations and 65 hazardous processes that are dangerous to the life ...