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LATEST NEWS UPDATES | SC agrees to examine definition of 'juvenile' in Juvenile Justice Act -Dhananjay Mahapatra

SC agrees to examine definition of 'juvenile' in Juvenile Justice Act -Dhananjay Mahapatra

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published Published on Feb 4, 2013   modified Modified on Feb 4, 2013
-The Times of India

The Supreme Court decided on Monday to examine the constitutional validity of the provision giving the definition of juvenile in the Juvenile Justice Act which treats a person as a minor till he attains the age of 18 years.

The apex court has issued notice to the Centre on a PIL seeking lowering of age of juvenile to 16 years from the present 18 years.

The issue assumes significance in the wake of the brutal gang-rape and assault of a 23-year-old in Delhi on December 16 in a moving bus that shook the conscience of the nation. The victim died in a Singapore hospital on December 29. One of the six accused in the case is a juvenile.

It needs to be considered if the gravity of an offence committed by a juvenile has to be examined from his age point of view and whether he should be tried as an adult in heinous offences, the apex court said.

The PIL filed in the wake of Nirbhaya gang-rape case involving a juvenile, said at least the trial judge should be given the discretion to determine whether a juvenile aged between 16 and 18 years be tried as an adult if he commits sexual assault.

The petition, filed by two advocates--Kamal Kumar Pandey and Sukumar--contended that sections 2(k), 10 and 17 of the JJ Act which deals with the issue were irrational and ultra-vires of the Constitution.

The counsel, appearing for the petitioners, submitted that the constitutional validity of the definition of juvenile in the Act is in conflict with the law.

The counsel said that the definition of juvenile under section 82 and 83 of the IPC is a much better classification.

Section 82 provides that nothing is an offence which is done by a child under seven years of age.

Section 83 says nothing is an offence which is done by a child above seven years of age and under twelve and who has not attained the maturity to understand or judge the nature and consequences of his conduct.

"We have to examine the matter," the bench said, adding that "the matter is relating to fixation of age".

"It is a question of law," it said.

The court, however, refused to hear the states or NGOs as was suggested by the Attorney General.

The court asked the AG to file all relevant reports on this issue by March 29 and scheduled the next hearing on the PIL for April 3.

It also refused to consider Justice Verma committee report on juvenile conflict with law.

It is a purely legal issue, the SC said.

(With inputs from PTI)


The Times of India, 4 February, 2013, http://timesofindia.indiatimes.com/india/SC-agrees-to-examine-definition-of-juvenile-in-Juvenile-Justice-Act/articleshow/18331561.cms


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