Need to Revisit the Doli Incapax Doctrine in India
by Arjun V. Harihar*
Juvenile Justice (Care and Protection of Children) Act 2015
‘Cries of deceased child’s family can’t be ignored’; MP High Court affirms denial of bail to juvenile in kidnapping and murder case
“A striking balance is necessary while considering the matter of bail of a juvenile from the angle of best interest of the child, demands of justice to the victim and the concern of the society at large.”
‘Failed to comply with Section 15 of Juvenile Justice Act, 2015’: Chhattisgarh HC sets aside the order directing juvenile to be tried as an adult for murder of his parents
The Court opined that there was no detailed report of the assessment made, no document was enclosed along with the report of conducting assessment, procedure adopted, factors assessed, mode of assessment, evaluation of child based on the stages of assessment.
Calcutta High Court orders preliminary assessment of Juvenile Offender’s mental and physical capacity to commit offence
Calcutta High Court held that although the JJB conducted a preliminary assessment, it did not adequately assess the Juvenile’s mental and physical capacity to commit the offense.
Gujarat HC discusses NCPCR guidelines for conducting preliminary assessment under Section 15 of JJ Act
“The preliminary assessment is not a trial or just a simple routine task, but an exercise to assess the child’s capacity to commit and understand the consequences of the alleged crime. It decides the fate of the child in conflict with the law”.
Gujarat HC sets aside orders for Juvenile’s trial as an adult; directs JJ Board to conduct fresh preliminary assessment
“JJ Board and the Children’s Court to conduct the preliminary assessment into heinous offences in a very meticulous way with the psychological evaluation, taking the assistance of experienced psychologist and medical specialist”.
Orissa HC quashes criminal proceedings against issueless woman accused of buying female infant
“Continuance of the criminal proceedings against the accused without any acceptable evidence would be a travesty of justice and an abuse of the process of the Court”.
SC grants Bail to Juvenile Delinquent who spent 489 days in custody as an Adult and 242 days in Juvenile Home
A chargesheet was filed against the Juvenile Delinquent for offences under Sections 363, 366-A, 368, 376 of the IPC and Section 3, 4, 16 and 17 of the JJ Act.
Uttaranchal High Court grants bail to a Child-in-conflict with law considering that she was young and had less understanding to differentiate between right and wrong
A Child-in-conflict with law (CIL) was granted bail considering that she was a young girl; her family was poor; she had less understanding to distinguish between right and wrong and her family atmosphere was good. The Court also discussed situations in which a CIL could be denied bail even in bailable offences as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Mental capacity & ability to understand consequences of acts not same; Guidelines must be in place for preliminary assessment of children above 16 years of age for trial as adults: SC
“A child with average intelligence/IQ will have the intellectual knowledge of the consequences of his actions. But whether or not he is able to control himself or his actions will depend on his level of emotional competence.”
Kar HC | A custody case of a toddler between a genetic mother and a foster mother; principle of ‘distributive justice’ not to be applied; Yashoda Maa and Devaki Maa finds reference in judgment
Karnataka High Court: Krishna S. Dixit J. disposed off the petition and remarked “there is & shall be no cause of action
An offence committed by a ‘juvenile’ in 1981; three Juvenile Justice statutes and a legal conundrum on their applicability. Read how SC solved this riddle
Supreme Court: In a bid to clear the air over the applicability of and the Juvenile Justice (Care and Protection of Children)