Juvenile Justice - A Controversial aspect

Juvenile is a term in criminal law synonymous with "child " as used in section 27 Code of Criminal Procedure and the child according to dictionary meaning is a person of tender age.

Section 82 of Indian Penal Code exonerate child under 'seven years' of age from criminal liability . On the other hand section 83 of Indian Penal Code extended benefits of section 82 also to those who are above seven years but under twelve years of age , if they have not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.

Now on considering the provisions of Repealed "Juvenile Justice Act, 1986 (Act 53 of 1986 ) a Juvenile means a boy who has not attained the age of sixteen years and a girl who has not attained the age of eighteen years without qualifying the other circumstances surrounding the juvenile at the time of commission of offence , likewise section 2(k) of the Juvenile Justice ( Care and protection of children) Act 2000 defined the term 'Juvenile'  or 'child' means a person who has not completed eighteen years of age.

Article 326 of the CONSTITUTION OF INDIA prescribes the age 'Eighteen years' or more for registration as electorate for elections to HOUSE  OF THE  PEOPLE and to the LEGISLATIVE ASSEMBLY of STATE . The language used in the Article is as below :-

ART. 326 - ELECTIONS TO THE HOUSE OF THE PEOPLE AND TO THE LEGISLATIVE ASSEMBLIES OF THE STATES TO BE ON THE BASIS OF ADULT SUFFERANCE - The elections of the House of People and to the Legislative Assemblies of every STATE shall be on the basis of adult sufferage that is to say every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under the CONSTITUTION or any law made by the appropriate legislature on the ground of non -residence , unsoundness of mind , crime or Corrupt or Illegal practice shall be entitled to be registered as a voter at any such election.

The question arises when section 19 of the 'Juvenile Justice ( Care and protection of children) Act 2000 removes the disqualifications attaching to conviction of juvenile leads to a situation that a person who has committed a crime with full knowledge  and intent one day before the completion of eighteen years and continued to be dealt with as juvenile by virtue of provisions mentioned in section 3 of the Juvenile Justice ( Care and Protection of Children) Act 2000 , may be registered as voter to participate in the ADMINISTRATION  OF POLITICAL WING of the Constitution.

The new act swept away the provisions of section 82 and 83 of Indian Penal Code also by ignoring the important and reasonable safeguard for misuse , by making a distinction , demonstrated in a sentence," Who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on the occasion." In my view probably the theme expressed in above sentence is the basis for special provision for juvenile which was ignored in the new law.

It is well known principle of criminal justice that '.MENS-REA'or criminal intent is an important guiding factor to judge the nature , gravity and liability of criminal act, it is the absence of MENS - REA or criminal intent which provides special protection and care of juvenile but the Juvenile Justice (Care and protection of Children ) Act 2000 fails to consider the same and totally ignored the Principle by fixing unqualified  blank span of age for juvenile from sixteen to eighteen years which is against the concept of modern developed society.

The other conflicting situation may be pointed out as the age of consent for sexual intercourse as mentioned in section 375 of the Indian Penal Code is sixteen  years which requires amendment in view of this new Act and requires amendment to raise the age of consent up to eighteen years for the purpose of section 375 Indian Penal Code. or vice - versa.

In view of the above anomalies it is not pleasant affair to enhance the age of consent but it will be proper to re fix the age of juvenile from eighteen to sixteen.

It is worth to be noted that there should be some stop gap period of judging the capacity of individual juvenile to develop a matured understanding prior to entering in to social process of making decision affecting the NATION`S POLITY.

In the above circumstances the provisions may be amended in a manner that the benefit of the Act , if found necessary , the same may be extended to juvenile between sixteen and eighteen in the manner expressed in the provisions of section 83 of the Indian Penal Code.