sentence to a juvenile offender in a murder case
vinod bansal
(Querist) 20 January 2009
This query is : Resolved
Sir
what sentence can be awarded to a juvenile offender in a murder case by principal magistrate of juvenile justice board........Minimum & maximum PLz Help its Most Urgent....Thanks
PALNITKAR V.V.
(Expert) 22 January 2009
Please See Sections 15 and 16 of the Juvenile Justice Act:
15.Order that may be passed regarding juvenile.- Where a
juvenile is arrested, the officer incharge of the police station or the special
juvenile police unit to which the juvenile is brought shall, as soon as may be
after the arrest, inform-
(a) the parent or guardian of the juvenile , if he can
be found, of such arrest and direct him to be present at the Board before which
the juvenile will appear; and
(b) the probation officer of such arrest to enable
him to obtain information regarding the antecedents and family background of the
juvenile and other material circumstances likely to be of assistance to the
Board for making the inquiry.Where a juvenile having been charged with the
offence is produced before a Board, the Board shall hold the inquiry in
accordance with the provisions of this Act and may make such order in relation
to the juvenile as it deems fit:Provided that an inquiry under this section
shall be completed within a period of four months from the date of its
commencement, unless the period is extended by the Board having regard to the
circumstances of the case and in special cases after recording the reasons in
writing for such extension.
(1) Where a Board is satisfied on inquiry that a
juvenile has committed an offence, then notwithstanding anything to the contrary
contained in any other law for the time being in force, the Board may, if it
thinks so fit,-(a) allow the juvenile to go home after advice or admonition
following appropriate inquiry against and counselling to the parent or the
guardian and the juvenile;(b) direct the juvenile to participate in group
counselling and similar activities;(c) order the juvenile to perform community
service;(d) order the parent of the juvenile or the juvenile himself to pay a
fine, if he is over fourteen years of age and earns money;(e) direct the
juvenile to be released on probation of good conduct and placed under the care
of any parent, guardian or other fit person, on such parent, guardian or other
fit person executing a bond, with or without surety, as the Board may require,
for the good behaviour and well-being of the juvenile for any period not
exceeding three years;24Inquiry to be completed within 4
months}JuvenileinConflictwithLaw
Page 18
(f) direct the juvenile to be released on probation of good conduct and placed
under the care of any fit institution for the good behaviour and well-being of
the juvenile for any period not exceeding three years;(g) make an order
directing the juvenile to be sent to a special home,-i. in the case of juvenile,
over seventeen years but less than eighteen years of age for a period of not
less than two years;ii. in case of any other juvenile for the period until he
ceases to be a juvenile :Provided that the Board may, if it is satisfied that
having regard to the nature of the offence and the circumstances of the case it
is expedient so to do, for reasons to be recorded, reduce the period of stay to
such period as it thinks fit.
(2) The Board shall obtain the social investigation
report on juvenile either through a probation officer or a recognised voluntary
organisation or otherwise, and shall take into consideration the findings of
such report before passing an order.
(3) Where an order under clause (d), clause
(e) or clause (f) of sub-section (1) is made, the Board may, if it is of opinion
that in the interests of the juvenile and of the public, it is expedient so to
do, in addition make an order that the juvenile in conflict with law shall
remain under the supervision of a probation officer named in the order during
such period, not exceeding three years as may be specified therein, and may in
such supervision order impose such conditions as it deems necessary for the due
supervision of the juvenile in conflict with law .Provided that if at any time
afterwar
