SC was dealing with an appeal in criminal case involving charges of rape & wrongful confinement under IPC & POCSO, when judges noted significant lacunas in the Act.
While he had not raised claim of juvenility during trial, convict in 2018 filed application in top court under Section 9 (2) of Juvenile Justice Act to highlight this point.
Juvenile Justice Board ruled that student accused of killing a 7-yr-old be tried as an adult since he had 'sufficient mental, physical capacity to commit the offence'. He is now 21.
Bill makes offences with punishments ranging from 3 to 7 years as cognisable from non-cognisable — meaning a juvenile accused of such offences can be arrested without a warrant.
Being below 18 years may not be enough for suspect to dodge trial as an adult if he is found guilty, since charges are rape & murder, considered 'heinous crime' under Juvenile Justice Act.
In its latest report, NCRB stated that from 5,412 ‘illiterate’ juvenile offenders in 2016, the number has come down to 4,324 in 2017. Delhi tops in crime by juveniles.
Without a Congress revival, there can be no challenge to the BJP pan-nationally. Modi’s party is growing, and almost entirely at the cost of the Congress.
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