juvienile criminal complaint
Adv Tejal Patel
(Querist) 19 March 2010
This query is : Resolved
what is the procedure after an FIR is filed against a juvienile?, and what is the procedure for bail in cognizable offence?
Devajyoti Barman
(Expert) 19 March 2010
If the juvenile is implicated in any cognizable offence and he is admitting his minority then an application is to be filed before the concerning Magistrate to transfer the case to the Juvenile Justice Board as it is Board which has the jurisdiction to admit the bail application though in certain cases the High Court sometimes grant Anticipatory Bail so that the juvenile pray fro transfer of the case.
Adv Tejal Patel
(Querist) 19 March 2010
i have my cousin of 14 years , he is a patient of dyslexia and he had commited crime under S(66) of IT Act , which is the cognizable offence.
once the FIR is filed what can i do for him Sir
Parthasarathi Loganathan
(Expert) 19 March 2010
I concur with Barmanji. But I wish to supplement that since his ailment is very serious the same has to be legally substantiated
Adv Tejal Patel
(Querist) 19 March 2010
will the ailment of dyslexia be grounds to get bail from juvinile justice board after referring to it?
Parthasarathi Loganathan
(Expert) 19 March 2010
Please go through the medical facts about this disease and your legally intrepret
The word "dyslexia" is often used to refer to the child who has an average or above average IQ and is reading 1 1/2 grades or more below grade level, and whose reading problem is accompanied by the signs below:
* One of the most obvious — and a common — telltale signs of dyslexia is reversals. Children with this kind of problem often confuse letters like b and d, either when reading or when writing, or they sometimes read (or write) words like "rat" for "tar," or "won" for "now."
* Another sure sign, which needs no confirmation by means of any form of testing, is elisions, that is when a child sometimes reads or writes "cat" when the word is actually "cart."
* The child who reads very slowly and hesitantly, who reads without fluency, word by word, or who constantly loses his place, thereby leaving out whole chunks or reading the same passage twice, has a reading problem.
* The child may try to sound out the letters of the word, but then be unable to say the correct word. For example, he may sound the letters "c-a-t" but then say "cold."
* He may read or write the letters of a word in the wrong order, like "left" for "felt," or the syllables in the wrong order, like "emeny" for "enemy," or words in the wrong order, like "are there" for "there are."
* He may spell words as they sound, for example "rite" for "right."
* He may read with poor comprehension, or it may be that he remembers little of what he reads.
* The child may have a poor and/or slow handwriting.
In our age of verbal and written communication, linguistic difficulties are not easy to cope with. It can leave the child feeling unconfident, insecure and like a dunce.
"I've always felt I was stupid," says Elizabeth, diagnosed as suffering from mild dyslexia at the age of 17. "I went through school having disguised my difficulties, adjusting around them and keeping my problem a secret. I worked so hard in that academic environment, but felt that I just kept getting nowhere. Everybody thought I was slow and treated me that way." In fact, a recent IQ test showed that Elizabeth was far above average.
Behavior problems often result from their negative experiences at school. The stress and frustration they have to endure as a result of their poor achievement cause them to be reluctant to go to school, to often have temper tantrums before school and sometimes even to play truant. Cheating, stealing and experimenting with drugs can also occur when children regard themselves as failures.
Bob Turney is a dyslexic who turned to crime because he thought he was thick. At primary school, he sat at the back of the class looking at picture books and did not have a clue what the teachers were talking about. When they said that he was stupid, he believed them; and when they treated him as disruptive, uncooperative and lazy, he behaved accordingly. He left school at fifteen, barely able to write his own name, got involved in his first burglary, and spent the next eighteen years in and out of prison.
Theories About Dyslexia
There is a labyrinth of differing, opposing and often contradictory theories about dyslexia, what it is, its causes and its possible correction. Some theorists have said that dyslexia may be a result of abnormal development of a baby's brain during the mother's pregnancy. The resulting abnormalities interfere with the brain's ability to understand written material. Other theories hold that dyslexia is caused by "faulty wiring in the brain," a subtle impairment of vision, and a cerebellar-vestibular dysfunction.
Some believe that dyslexia is genetically determined and inherited from generation to generation. They support this view by referring to many studies that have indicated that there is often a family history of learning disabilities. Hornsby, for example, state that 88 percent of dyslexics had a near relative who had similar problems with reading and spelling.
While there are many factors that may contribute to dyslexia, one should not overlook the age-old — but ageless — principle that learning is a stratified process. This is a self-evident fact, yet its significance in the situation of the dyslexic child has apparently never been fully comprehended. Throughout the world in all educational systems it is commonly accepted that a child must start at the lower levels of education and then gradually progress to the higher levels. If human learning had not been a stratified process, if it had taken place on a single level, this would have been unnecessary. It would then not have been important to start a child in first grade. It would have been possible for the child to enter school at any level and to complete the school years in any order.
Raj Kumar Makkad
(Expert) 20 March 2010
In your case, you should engage a lawyer and then through him should move an application seeking his bail.
