4/25 (arms act)

The child in conflict with law (accused) has to contest as juvenile through a local prudent lawyer.

You have not posted the complete facts.

As per your concerned query!

The Juvenile Justice Act, which allows children aged 16 to 18 years and in conflict with the law to be tried as adults in cases of heinous offences.

The law is well settled that 'conscious possession' is a core ingredient to establish the guilt for the offences punishable under section 25 of the Arms Act.

A mere consciousness cannot continue qua the petitioner under the Arms Act, 1959.

However, if it is not proved, then the court may take a lenient view to secure the ends of justice.

Hope it is helpful!
Regards
Minakshi Bindhani.

Dear Rajshree,

Thank you for your query! I am Aadil and I will try to answer your question.

 

The short answer to your question is that an inquiry will be conducted by the Juvenile Justice Board, which will pass an order based on the circumstances of the case.

Section 25(4) of the Arms Act of 1959 prescribes the punishment for a person not being able to produce the licence of a firearm or fails to produce it before the licensing authority upon its suspension or revocation, is imprisonment for a term not exceeding six months, or fine not exceeding 500 rupees, or both.

Since Section 2(45) of the Juvenile Justice Act defines a petty offence as one where the punishment for the same is imprisonment not exceeding three years as per the IPC or any other law in force, this offence will come under the ambit of a “petty offence”

In this case, the Juvenile Justice Board is to conduct an inquiry upon the matter to determine its veracity as per Section 14 of the same Act, the proceedings for which should be completed within four months from the date of first producing the child before the Board, with an extension period of two more months available in certain circumstances, the reasons for which should be recorded. Since this is a petty offence, the proceedings are to be conducted summarily, and if the inquiry cannot be completed even after the extension period, it is to be terminated.

Once the inquiry is completed and the Board is satisfied that the child is in conflict with the law, it shall pass any one of the following orders as it may deem fit, depending on the gravity of the offence committed:

1. Allow the child to go home after he and his parents or guardian are given appropriate counselling;

2. Direct the child to participate in group counselling sessions;

3. Order the child to perform community service under some organisation or person identified by the Board;

4. Order the parents or guardian of the child to pay fine;

5. Direct the child to be released under probation of good conduct and be placed under the care of any parent, guardian, or fit person, who may execute a bond for the same, for the good behaviour and well being of the child, for a term not exceeding three years;

6. Direct the child to be released under probation of good conduct and be placed under the care and supervision of any fit facility for the purpose of ensuring the good behaviour and well being of the child;

7. Direct the child to be sent to a special home, for a term not exceeding three years, where they will be provided with reformative services such as education, counselling, psychiatric support, etc., unless it is in the best interest of the child or the children in the special home to not do so.

In cases where the child is allowed to go home after counselling or sent to a special home, they shall be allowed to go to school and other educational institutions, and can also be prevented from visiting a particular place or asked to undergo any de-addiction programme.

I hope this helps. Thank you for your time and patience!

 

Regards,

Aadil