Concept of juvenile as per 2015 amendment

1. NOIDA INTERNATIONAL UNIVERSITY Assistant Professor RITU GAUTAM

2. NOIDA INTERNATIONAL UNIVERSITY

3. Definition
 As per, Juvenile Justice (care and protection of
children ) Act, 2015 ‘child in conflict with’ means, a
child who alleged or found to have committed an
offence and who has not completed the eighteen
year of age on the date of commission of such
offence provided if, any child in conflict with Law under
the age group of 16–18 who alleged of found to have
committed any Heinous Offences, will be treated as an
adults [s. 2(33), R/W 2(13), R/W 15, R/W 18(3)]
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4. Heinous
Serious
Petty
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5. JJ Act 1986
• Juvenile + Delinquent
• A boy under 18 year and girl under 16 year of age
JJ (CPC)A Act
2006
• Juvenile + in conflict with Law
• Any Child under the age of 18 year
JJ (CPC) Act,
2015
• Child + in conflict in Law
• Any child under the age of 18 year( in heinous offences 16-18
years)
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6. Child Labor (Prohibition and Regulation) Act, 1986.
Section 2 (ii), “Child” means a person who has not
completed the age of 14 years.
Child Marriage Restraint Act, 1929.
Section 2 (a), “Child” means a person who, if a male,
has not completed twenty one years of age, and if a
female, has not completed eighteen years of age.
Immoral Traffic (Prevention) Act, 1956.
Section 2 (a), “Child” means a person who has not
completed the age of sixteen years
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7. Age of
Commission of
Crime
Age of
apprehension
after crime
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8. Condition No.1- What if, a child committed a heinous
Crime when he was 16 year 10 months and
apprehended after eight year…….
Condition No.2- What if, a child committed a crime when
he was 17 yr. 11 months and at the time of
pronouncement of punishment he was 22 yr. few
months…….
Condition No.3- what if, child is a habitual offender and at
the time of first attempt he was 15 yr old and at the
time of last attempt he was 17 yr which date need to be
consider?
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9. Doc. Of
“Parens
Patriae”
Doli-
capax &
Incapax
Test of
qualifying
immunity
Pain and
pleasure
theory
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10.  India has world's largest youth population: UN report
 A total of 60,539 juveniles were apprehended and
produced before various juveniles boards during 2014.
 The overall increase in juveniles apprehended at the
national level was 10.9% during 2014 as compared to
2013.
 The decrease in the number of juveniles apprehended
was 15.9% in 12-16 years age group (from 13,346 in
2013 to 11,220 in 2014) and increase by 25.3% in 16-18
years age group (from 28,830 in 2013 to 36,138 in
2014)
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11. NOIDA INTERNATIONAL UNIVERSITY

12.  Principal of Presumption of innocence
 Principal of dignity and worth
 Principal of best interest
 Principal of family responsibility
 Principal of safety
 Principal of non-stigmatising
 Principal of non-waiver of rights
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13.  Principal of equality and non-discrimination
 Principal of right to privacy and confidentiality
 Principal of institutionalization as a measure of
last resort
 Principal of repatriation and restoration
 Principal of fresh start
 Principal of diversion
 Principal of natural justice
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14. CASE DISCUSSION
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15. Thank You
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