punished minor after 18 ?

Originally posted by : Pravin Kumar Solanki
	if a minor does any crime and when court decision come his /her age is more than 18 yr old. and if punished for jail .in this situations accuse goes to normal jail or juvenile jail ?it is only for knowledge purposes only

1. Prosecution of Minor person as "Major person" required sanction of the Trial Court, before filing of Charge Sheet and also depends on the type of Crime.

2. IF the Minor person was tried as a Minor by court, THEN it would go to Juvenile prison till the persons age is Minor,  ELSE now Major age person CANNOT be sent to Juvenile prison, BUT to regular State Prison.

please state the facts and how /what problem you are facing.

Dear Pravin,

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

The short answer to your question is that the person will be sent to an adult jail.

The procedure that is followed in cases where a juvenile has committed an offence must be understood here. The laws for the same are prescribed in the Juvenile Justice Act, 2015. When a juvenile is alleged to have committed an offence and they are apprehended by the police, the Child Welfare Officer of that police station must inform the parents or guardian of the child about the same.

The child must then be presented before the Juvenile Justice Board, after which the Board will conduct an inquiry, wherein a preliminary inquiry will conducted which should be completed within three months, to determine the mental and physical capacity of the child to commit such offence, and if they are able to understand the consequences of their action, for which the Board may seek assistance from expert psychologists.

Upon receiving the report of the preliminary inquiry by the Board, the Children’s Court may decide to either try the child as an adult, or as per Section 18 of the Juvenile Justice Act. If it is decided that the child should be tried as an adult, the Children’s Court will pass an order to send the child to a place of safety till they attain an age of 21 years, after which they will be sent to jail.

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

Regards,

Aadil