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Informative Article | Law | India | Volume 12 Issue 11, November 2023 | Popularity: 4.8 / 10

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The Juvenile Justice (Care and Protection of Children) Act, 2015: Interpretation and Implementation

Khushi Jain

Abstract: The brutal attack, gang rape, and murder of a female by six males in Delhi in December 2012 in which one of the suspects was a juvenile of barely 17 years old, raised concerns about juvenile justice in India and inflamed the nation?s citizens. No matter the severity of the offense, a juvenile could only receive a maximum term of three years in a remand home under the Juvenile Justice (Care and Protection of Children) Act, 2000. Due to this, there was a significant public uproar calling for changes to juvenile justice legislation, a reduction in the minimum age for juveniles, and harsher penalties for juveniles who commit serious crimes like rape and murder. The Justice J. S. Verma Committee, which was established to revise the criminal laws controlling sexual assault against women, stated that the 2000 Act should be implemented more strictly and that the current juvenile justice and welfare system has to be reformed and restructured. To cope with the concerning circumstances The Juvenile Justice (Care and Protection of Children) Act of 2015 was passed by the legislature. This Act's primary objectives were to establish deterrence criteria for young offenders and to safeguard the victim's rights. In accordance with the 2015 Act, which makes a distinction between minor, serious, and heinous offenses, juvenile offenders who commit "heinous offenses" between the ages of sixteen and eighteen will be tried as adults and subject to the criminal justice system. This article critically analyses the interpretation and implementation of the Act, highlighting the challenges faced and implementation of the Act effectively. The article begins with an introduction to the Act, outlining its objectives and provisions. It also discusses the Act?s provisions related to children in conflict with the law, such as the creation of special courts for speedy trials. Overall, the article offers a critical assessment of the Juvenile Justice (Care and Protection of Children) Act, 2015's interpretation and application, stressing both its advantages and disadvantages.

Keywords: Juvenile, Juvenile deliquency, Sexual assault, Heinous offenses

Edition: Volume 12 Issue 11, November 2023

Pages: 1719 - 1723

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