Bare provisions of the juvenile justice act which saved Delhi's brutal minor!
The followings are the provisions which came to rescue of a criminal who allegedly channelized the Delhi Gang Rape the way it unfolded...
15. Order that may be passed
regarding juvenile.-
(1)
Where a Board is satisfied on inquiry that a juvenile has committed an offence,
then notwithstanding anything to the contrary contained in any other law for
the time being in force, the Board may, if it thinks so fit,
(a) allow the juvenile to go
home after advice or admonition following appropriate inquiry against and
counselling to the parent or the guardian and the juvenile;
(b) direct the juvenile to
participate in group counselling and similar activities;
(c) order the juvenile to
perform community service;
(d) order the parent of the
juvenile or the juvenile himself to pay a fine, if he is over fourteen years of
age and earns money;
(e) direct the juvenile to be
released on probation of good conduct and placed under the care of any parent,
guardian or other fit person, on such parent, guardian or other fit person
executing a bond, with or without surety, as the Board may require, for the
good behaviour and well-being of the juvenile for any period not exceeding
three years;
(f) direct the juvenile to be
released on probation of good conduct and placed under the care of any fit
institution for the good behaviour and well-being of the juvenile for any
period not exceeding three years;
(g) make an order directing the
juvenile to be sent to a special home,-
i. in the case of juvenile,
over seventeen years but less than eighteen years of age for a period of not
less than two years;
ii. in case of any other
juvenile for the period until he ceases to be a juvenile:
Provided that the Board may, if
it is satisfied that having regard to the nature of the offence and the
circumstances of the case it is expedient so to do, for reasons to be recorded,
reduce the period of stay to such period as it thinks fit.
2. The Board shall obtain the
social investigation report on juvenile either through a probation officer or a
recognised voluntary organisation or otherwise, and shall take into
consideration the findings of such report before passing an order.
3. Where an order under clause
(d), clause (e) or clause (f) of sub-section (1) is made, the Board may, if it
is of opinion that in the interests of the juvenile and of the public, it is
expedient so to do, in addition make an order that the juvenile in conflict
with law shall remain under the supervision of a probation officer named in the
order during such period, not exceeding three years as may be specified
therein, and may in such supervision order impose such conditions as it deems
necessary for the due supervision of the juvenile in conflict with law:
Provided that if at any time
afterwards it appears to the Board on receiving a report from the probation
officer or otherwise, that the juvenile in conflict with law has not been of
good behaviour during the period of supervision or that the fit institution
under whose care the juvenile was placed is no longer able or willing to ensure
the good behaviour and well-being of the juvenile it may, after making such
inquiry as it deems fit, order the juvenile in conflict with law to be sent to
a special home.
4. The Board shall while making
a supervision order under sub-section (3), explain to the juvenile and the
parent, guardian or other fit person or fit institution, as the case may be,
under whose care the juvenile has been placed, the terms and conditions of the
order shall forthwith furnish one copy of the supervision order to the
juvenile, the parent, guardian or other fit person or fit institution, as the
case may be, the sureties, if any, and the probation officer.
16. Order that may not be
passed against juvenile.-(1) Notwithstanding anything to the contrary contained
in any other law for the time being in force, no juvenile in conflict with law
shall be sentenced to death or life imprisonment, or committed to prison in default
of payment of fine or in default of furnishing security:
Provided that where a juvenile
who has attained the age of sixteen years has committed an offence and the
Board is satisfied that the offence committed is of so serious in nature or
that his conduct and behaviour have been such that it would not be in his
interest or in the interest of other juvenile in a special home to send him to
such special home and that none of the other measures provided under this Act
is suitable or sufficient, the Board may order the juvenile in conflict with
law to be kept in such place of safety and in such manner as it thinks fit and
shall report the case for the order of the State Government.
(2) On receipt of a report from
a Board under sub-section (1), the State Government may make such arrangement
in respect of the juvenile as it deems proper and may order such juvenile to be
kept under protective custody at such place and on such conditions as it thinks
fit:
Provided that the period of
detention so ordered shall not exceed the maximum period of imprisonment to
which the juvenile could have been sentenced for the offence committed.
17. Proceeding under Chapter
VIII of the Code of Criminal Procedure not component against juvenile.-
Notwithstanding anything to the contrary contained in the Code of Criminal
Procedure, 1973 (2 of 1974) no proceeding shall be instituted and no order
shall be passed against the juvenile under Chapter VIII of the said Code.
18. No joint proceeding of
juvenile and person not a juvenile.-(1) Notwithstanding anything contained in
section 223 of the Code of Criminal Procedure, 1973 (2 of 1974) or in any other
law for the time being in force, no juvenile shall be charged with or tried for
any offence together with a person who is not a juvenile.
(2) If a juvenile is accused of
an offence for which under section 223 of the Code of Criminal Procedure, 1973
(2 of 1974) or any other law for the time being in force, such juvenile and any
person who is not a juvenile would, but for the prohibition contained in
sub-section (1), have been charged and tried together, the Board taking
cognizance of that offence shall direct separate trials of the juvenile and the
other person.
19. Removal of disqualification
attaching to conviction.-(1) Notwithstanding anything contained in any other
law, a juvenile who has committed an offence and has been dealt with under the
provisions of this Act shall not suffer disqualification, if any, attaching to
a conviction of an offence under such law.
(2) The Board shall make an
order directing that the relevant records of such conviction shall be removed
after the expiry of the period of appeal or a reasonable period as prescribed
under the rules, as the case may be.
20. Special provision in
respect of pending cases - Notwithstanding anything contained in this.
courtesy: IBN LIVE
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