CRIMINAL PROCEDURE CODE II

PROJECT

JUVENILE WITH CONFLICT WITH LAW?

DIPOSITIONAL ALTERNATIVE IN
JUVENILE JUSTICE ACT 2000?

SUBMITTED TO: SUBMITTED BY: - Dr.Sangeeta Bhalla

MANIK SINGLA
119/12
BA LLB
6 SEMESTERS

ACKNOWLEDGEMENT
I would like to thank my teacher Dr. Sangeeta Bhalla for giving me this
opportunity of making this project and guiding me while making this project. I
would also like to thank my parents, friends and all other sources for helping
and guiding me during the making of the project. At last, I would like to thank
God for keeping me fit during the making of this project.
Thank you all!!!

Manik singla

JUVENILE IN CONFLICT WITH LAW

Introduction
The propensity to crime is at its maximum at the age when strength and
passions have reached the high yet when they not acquired sufficient control to
master their combined influence, since a nations future depends upon the young
generation. The children deserve the best care to protect this burgeoning human
resource. A child is born innocent and if nourished with care and attention
which may result with physical, mental, moral and spirituous into person of
statute and excellence. On the other hand neglect of basic needs of child and
bad company would spoil the child and likely him a delinquent.
Randzinnoqicz observed that neglect of children and juvenile falls an easy prey
to criminality. He asserted that the adolescent claim the highest share in
violence due to lack of foresight, physical strength, endurance and desires. The
problem of juvenile delinquency is essentially of a recent origin. The youngsters
between the certain age group are easily attracted to the temptation of life and
thus lend into criminality .as is often said the child of today is the citizen of
tomorrow. It is with this end in view that most countries are tackle with problem
of juvenile delinquency.
Juvenile delinquency-meaning?
The term, delinquency has been derived from the Latin word delinquor which
means to omit. The first time this used in 1484 by William coson to describe a
person found guilty of offence. In simple words it may be said that delinquency
in a form of behaviour of rather misbehaviour from generally accepted norms of
conduct in the society. This term refer to large variety of disapproved behaviour
of children and adolescent which the society does not approve to and for which
some kind of punishment has been given with public interest.
Generally, it refers to large variety of disapproved behaviours of children and
adolescent which the society does not approve of and some kind of punishment
or corrective measure is justified in the public interest. Thus the term has a very
extensive meaning and includes rebellious and hostile behaviour of children and
their attitude of indifference towards society.
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In the broad sense, juvenile delinquency refers to a variety of anti social

behaviour of a child and is defined somewhat differently societies. The
punishment of anti social behaviour different by different societies at any given
time.

Causes of juvenile delinquency

Juvenile delinquency ha becomes a global phenomenon these days.

There are various intensive measures and special procedure for tackling the
problem of juvenile delinquency as result there is growing tendency among
youngsters to be arrogewnt, violent and disobedience to law with the result
there is rise in the incidence of juvenile delinquency.
The main causes of increase in the juvenile delinquency are as follows
1. The high cost of living in the urban areas and metropolitan cities which
makes it necessary to take up outdoor jobs for supporting their family
financially, which may result in neglecting their child at homes without
the parental control. Therefore luxuries modern life lures & attract you
nag people to resort to wrongful means to satisfy their wants.
2. The rapidly changing pattern in living makes the children to adjust
themselves to new ways of life. This may confronted to culture conflict
and are unable to differentiate between right and wrong.
3. Biological factors such as physiological maturity or lack of intelligence
also account for delinquent behaviour among juvenile.
4. Migration of deserted boys of slums to urban areas brings them in contact
with anti social elements carrying on smuggling of liquor, drugs etc. They
tend to do it without knowing what they are doing is prohibited by law.
5. Illiteracy, child labour etc also some of the contributing factors
aggravating juvenile delinquency.
6. Disintegration of family system and laxity parental control over children
is yet other cause of increase of juvenile delinquency.
Juvenile in India
The young offenders should be corrected rather than trial. And they should not
be punished with severe punishment. The exclusion of delinquents from the
ambit of court and stress on their non penal treat me not through community
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based social control agencies such as juvenile justice board ,observation homes,
special homes etc.
Certain special provision also exists in Indian penal code and code of criminal
procedure 1973 in relation to the young and juvenile offender which provides
their special treatment and procedure. These are follow s
1. Section 82 & 83 of Indian penal code contain a provision regarding the
extent of criminal liability of children belonging to different age group. A
child below the age o f seven is doli incapex that he or she is incapable of
understanding what is right or wrong. A child between seven and twelve
year of age has only a limited criminal liability. This resulted in, lenient
punishment to young offenders who has the nature and consequence of
their act due to lack of sufficient maturity and understanding.
2. Apart, under section 360 of code of criminal procedure 1973 provide any
person who below of twenty one years of age or any women is connected
of an offender not being punishable with death or imprisonment for life
and no conviction is proved against them, the court may having regard to
the age, character of the offender and circumstance in which offence is
committed .thus such offender is not to be tries in the criminal courts the
ordinary procedure. They are governed under the special proceureunder
the, law.
3. Section 27 of code of criminal procedure 1973 further suggests a lenient
treatment of juvenile. this section provides that if a person below sixteen
years of age commit a offence other than the one punishable with death
or life imprisonment ,he should be awarded a lenient punishment
depending upon in his previous history, character and circumstances
which led him to commit the crime,

With the view to prevent the juvenile offender from the proceeding against him,
their names neither published nor publicized. His name, place is not disclosed
and general public is excluded from witness the trail. The object of this
proceeding is to keep the child off from the rigours of procedural law and make
the trail simple and less formal.
For the treatment of children and young delinquent, now two central acts has
been implementing, namely the juvenile justice (care and protection o children)

act 2000 and the probation of offenders act 1958. The later act provide for
release of juvenile offender on probation

Juvenile Justice (Care and Protection of Children) Act

2000
This is one of the special features of this act that a juvenile who committed an
offence is not addressed as juvenile delinquent instead he is called a juvenile in
conflict with law. The object is to avoid stigma which the word delinquent
carries with it is case of juvenile offender the trail of juvenile is held by juvenile
justice board which has to consider the following issue in respect to age of
juvenile before proceeding with trail.
Whether the person is within the prescribes age of 18 years or not
For the purpose of determining the age, date on which juvenile is brought
before the board of inquiry or proceeding.
The Supreme Court1 reiterated that the purpose of determination whether
accused is juvenile, the date of birth as recorded in the school register shall
taken into consideration. In the later case, the accused Partap Singh was accused
in dowry death of his elder brother wife. He contended that he was 17 year of
age on date of occurrence and therefore be entitled to the benefit of juvenile
justice act 19986. His counsel made an attempt to press the service of section 20
juvenile justice care act 2000 but the supreme court has rejected the plea on
account of he was not juvenile as define in the act as which defines juvenile as a
boy who has not attained the age of 16 year or a girl who has not attained the
age of 18 years. And as result his own version the accused claimed to be 17
years of age at time of incident of dowry death. through the court in case of
Partap Singh vs. State of Jharkhand2, the constitution bench of supreme court
held that the provision of the new justice act of 2000 would be applicable even
in the cases which were initiated and pending for offence committed under the
act of 1986, provided that the offender has not completed 18 year of age on 1 st
April 2001 on the date coming into force, but accused being already 17 years of
age is not conversed by this provision. As result the direct that the also be taken
custody along with other two accused and his bail would be cancelled.
1 Satbir singh & others v. State of Haryana AIR 2005 sc 3549
2 AIR 2005 SC 3088
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In Rajinder Chandra v. Chandigarh Administration3, the accused was

charged under section 302/34 of IPC and take n into custody. He claimed
himself to be juvenile and demanded the benefit of being tried under the
juvenile justice act 1986. The court rejected the plea after holding an inquiry
about his age. The accused plea that he was juvenile and entitles to trail under
the act.
the supreme court came to conclusion that birth and death register and high
school certificate, date of birth of accused was 30 September and this was
supported by evidence of the parent that the accused was within prescribed age
limit for being treated as juvenile and hence be tried under the juvenile justice
act having been rejected by the trail court and there are two conflicted views
about the issue, the one which is beneficial to the accused.accordingly, the
accused was to treated as juvenile and tried under juvenile justice act

Important points regarding juvenile justice act 2000

1.

2.

3.

4.

5.

As defined in section 2(1), juvenile in conflict with law means a

juvenile who is alleged to have committed an offence. He is placed in
observation homes which are meant for put the juvenile under during
pendency of any inquiry against him.
Section 4 of the act provides for the consultation of juvenile justice board for
the inquiry and hearing in case of juvenile in conflict with law. This section
also lays down the qualification for appointment, removal of the members of
the board.
Section 7-A inserted by the juvenile justice (care and protection of children)
amendment act 2006 lay down the procedure to be followed when claim of
juvenility is raised before any court sub section (2) of this provides that if the
court finds a person to be a juvenile on the date of commencement of the
offence, it shall forward the juvenile to the board for passing appropriate
order and sentence passed by a court shall be deemed to have no effect.
During the hearing, the juvenile in conflict with law is placed in observation
home in which juvenile are kept in three separate group according to age i.e.
t to 12 years,12-16 years and 16-18 years giving due consideration to their
physical and mental condition and degree or gravity of the offence
committed by him
Section 8 provide for the establishment of observation homes for temporary
reception of juvenile with conflict with law during time of inquiry and trail

3 AIR 2000 SC 748

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of the case whereas section 9 make provision for special homes for juvenile
who are found guilty of an offence the objective of special homes is to
provide for rehabilitation of the juvenile whose guilty is proved.
6. Section 12 of the act provides that the juvenile should be released on bail as
a general rule and should be sent to jail only in special cases
7. The juvenile justice board may order the release of juvenile in conflict with
law on probation of good conduct and place him under the care of his
parents, guardian or any proper person. Having regard to the case, the board
may also direct the juvenile to enter into a bond with securities. But the
period of order of release on probation shall not exceed 3 years. The board
may order the placement of juvenile in special homes. But the period of such
placemen:
Shall not less than two years where juvenile is less than 18 years
In case of other juvenile, until they cross the age limit of 18 years
Section 16 of act prohibits the juvenile justice board from making certain order
against the juvenile who is found guilty of an offence. The following order
cannot be made by board:

An order awarding death sentence

An order awarding the sentence of imprisonment for life
An order for imprisonment in default on payment of fine
On order for imprisonment in default of security

The purpose of this provision is to prevent the juvenile from physical and
meant harassment.
8. The proceeding the juvenile justice board being of confidential nature, their
publication is strictly prohibited in the interest of a juvenile. No newspaper
or magazine etc shall publish the name, address, photograph of the reports
for proceeding against him. Any provision shall be punishable with fine
which may extend to Rs 25000/The provision related to child in need of care and protection is contained in
chapter III of the act which consist of 11 sections (i.e. section 29 to 39).A child
is need of care and protection as defined in section 2(d) of the act means a child
who is without any home or settled place of adobe and without means of
subsistence or who is neglected

 This act empowers the state government to constitute child welfare

committed for care and protection of children who are in need. The child
welfare committee shall consist of chairman and four other members of
whom at least one shall be women.
Section 32 provides the committee shall hold an inquiry in the prescribe
manner and the committee may pass an order to send the child to the
children homes for speedy trail.
In addition to the observation homes and children homes, the act also
provide for establishment of shelter homes under the section 37 for destitute
and shelter less than children. The main object of providing shelter homes is
ensuring protection and restoration of destitute and neglected children.
The objective of establishment of child homes and shelter homes is
protection and restoration of children who are deprived of the family
atmosphere and are leading a shelter less life. The section 39 of the act
implies handling over the child to care of his and social re-orientation.
According to section, restoration and protection of child means restoration to
parents, adopted parents, foster parents, guardian and institution.
For alternative measures for the juveniles and children suggested in section 40
of the act which are follows: Adoption of orphanage, abandoned, neglected or abused children
through institution or non institutional means.
Fore care is used for temporary placement of those infants whose
are ultimately to be sent to some institution for adoption.
Sponsorship programme may provide supplementary support to
families, children, home, special home to meet the medical,
educational and other need of the children
This also provides necessary supervision and guidance to juvenile
and children after their release from children homes so they may
rehabilitate and lead an honest life in future.

GRANT OF BAIL OF JUVENILE

In case of Rahul Mishar v. State of Madhya Pradesh 4, involved the
consideration of grant of bail to juvenile delinquent. In this case the accused, a
4 2000(1) Cr.LJ 86(MP)
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juvenile was charged under section 147,294,452,323,506& part II of IPC under

section 302 and 307 and it was proved that appellant juvenile under the age of
16 was present at the spot when the crime was committed, the high court in this
case observed that normally juvenile should be released on bail but bail should
be released on bail itself is likely to result in iinjustice,that is when its appears
that his release on bail, is likely to bring him into association with any known
criminals or expose him and would defeat the end of justice. Therefore the court
directed that the applicant shall be released on bail on furnishing a bail bond of
rupees ten thousand only with the surety in amount to the satisfaction of the
juvenile court subject to reasonable condition imposed upon him by that court.

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BIBLOGRAPHY

Books Referred
R.V.Kelkar,Criminal Procedure,5th edition, Eastern Book Company,Lucknow,2012
S.N.Mishra, The Code of Criminal Procedure, Central law Publications,Allahabad,2014
Bare Act

Sites visited
http://legal-dictionary.thefreedictionary.com/juveniledelinquency.html
http://www.vakilno1.com/law/juvenile.html
http://www.kanoonkhoj.com
http://www.helplinelaw.com/docs/

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