What the Juvenile Justice Act says?
- The Act expresses that Children who are affirmed or discovered to be in conflict with law are presented before a Juvenile Justice Board (JJB). It comprises of-
- A Metropolitan Magistrate or a Judicial Magistrate of First Class as the Principal Magistrate of the Board;
- Two social workers.
- The Social worker individuals ought to be people who have been effectively engaged with education and health, or government assistance exercises relating to children at least seven years or with a degree in sociology, psychiatry, psychology or law.
Classification of Offence Under Juvenile Justice Act
The Act has isolated the offenses into three classifications:
- Petty offenses: It incorporates the offenses for which the most extreme punishment under the IPC or some other law for the present in power is detainment as long as three years;
- Serious offenses: It incorporates the offenses for which the punishment under the IPC or some other law until further notice in power, is detainment between three to seven years;
- Heinous offenses: It incorporates the offenses for which the punishment under the IPC or some other law for now in power is detainment for a very long time or more.
When a child of a certain age has committed an offence (pretty, serious or heinous), the JJB may-
- Allow the child to return home after guidance or reprimand by following fitting request and directing to such kid and to his folks or the watchman;
- Direct the child to attend the counselling and other exercises;
- Order the child to perform community service under the oversight of an association or organization, or a predetermined individual, people or group of people recognized by the Board;
- Order the child or guardians of the child who committed offense to pay fine:
- Direct To release the child under the supervision of good conduct.
- Direct the child to send not more than 3 years to the special home.
PROCEDURE UNDER JJ ACT
- The Board is to lead preliminary offence. The evaluation is essentially to survey the limit of the child to commit the offense and whether the child comprehends the outcomes of the supposed offense. In this, two circumstances may emerge:
- The Juvenile Justice Board concludes that the issue ought to be arranged off by the Board itself, the Board follows according to Section 14 and 18 of the Act.
- The Board concludes that the child should be attempted as an adult and hence make a request to move the preliminary of the case to the Children’s Court according to Section 18(3) of the Act.
At the point when the issue precedes the Children’s Court, the Children’s Court has two choices:
- The Children’s Court concludes that there is no requirement for preliminary of the kid as adult. In such case, the Children’s Court can direct request and pass orders. This infers that a child won’t be given confinement of over three years.
- The Children’s Court may conclude that there is a requirement for preliminary of the child as an adult and hence will follow the methodology recommended under CrPC. The quantum of confinement in such case isn’t recommended in the Act and has been left at the circumspection of the Children’s Court.