Juvenile justice act,2015 Flashcards
Who is a juvenile?
As per law, a juvenile is any individual below the age of 18.
Features?
- changed the nomenclature of ‘juvenile’ to ‘child’ and ‘child in conflict with the law’.
- defines orphaned, surrendered and abandoned children.
- system for the adoption of orphaned, surrendered and abandoned children.
- An important provision of the amended Act is that it provides for minors in the age group 16 – 18 years to be treated as adults in the case of heinous crimes.
- The Act also gives the Central Adoption Resource Authority (CARA) statutory status.
- The Act distinguishes between children in conflict with the law and children in need of care and protection.
Definition of petty,serious & henious crime?
A heinous offence is one that attracts a maximum punishment of 7 years’ imprisonment under any existing law.
A serious offence is one that attracts imprisonment of 3 to 7 years.
A petty offence is one that attracts a maximum of 3 years’ imprisonment.
What is Juvenile Justice Board:?
This is a judiciary body before which children detained or accused of a crime are brought.
This acts as a separate court for juveniles since they are not to be taken to a regular criminal court.
The Board comprises of a judicial magistrate of the first class and two social workers, one of whom at least should be a woman.
The Board is meant to be a child-friendly place and not intimidating for the child.
What is Child Welfare Committee?
The State Governments set up these committees in districts in accordance with the provisions of the Act.
The Committees have the power to dispose of cases for the care, protection, treatment, development and rehabilitation of the children in need of care and protection, as well as to provide for their basic needs and protection.
What changed from previous laws?
Under the previous Act, any minor, regardless of the crime committed, could be convicted only to a maximum of 3 years. Under no circumstances could the minor be tried in an adult court or sent to an adult jail, or given a penalty longer than 3 years. However, this changed with the 2015 amendment. All children below the age of 18 would be treated equally except for one departure from the norm. That is, in the case of heinous crimes. Any minor of the age group 16 – 18 and who has been accused of committing a heinous crime can be tried like an adult. For this, the Juvenile Justice Board would assess the child’s physical and mental capacities, his/her ability to comprehend the consequences of the crime, etc. and determine whether the child can be treated as an adult.
