THE REMAKE: JUVENILITY IN INDIA
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Abstract
This note would basically highlight upon the differences between the Juvenile Justice Act, 2000 and Juvenile Justice Act, 2015. This law was brought into force after the Delhi Gang Rape Case happened in 2013. The new act focuses more upon the rehabilitation and reintegration of children in conflict with law and children under care and protection. It provides a separate section for children who have committed heinous crimes. The children from 16-18 years of age can be tried in a sessions court and sent to jail if they commit any kind of Heinous Crime. Further this note will focus upon the Minimum age of criminal Responsibility with respect to the Indian Penal Code, 1870.
A Juvenile is a child who is below the age of 18 years. IPC has clearly made classification as to who should be held liable and who should be not. The Indian Penal Code, 1870 has several sections for the crimes committed but Section 82 and 83 majorly focuses upon the crimes by Infants and crimes committed by children between the age of 7- 12 years. It is very clearly mentioned that section 82 specifies that nothing is an offence if it is committee by a child below 7 years because of the basic reason of that the children do not have the mental capacity to understand the consequences of the act. Section 83 explains the children between the age of 7- 12 years also do not have the mental capacity and the maturity to understand the consequences of their acts. There are instances where there the children while playing with each other have hurt each other grievously but none of them could be held liable because their state of mind was not mature enough to understand the grievousness.
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