Petty theft by minor

Better take him to Juvenile Court, or ask the store owner to forgive him for taking corrcetional steps for the boy's future.

The JJ Act 2015 inserted a new scheme which divided crimes into three categories: Petty, Serious and Heinous. Petty Offences : Crimes for which maximum punishment is imprisonment up to 3 years. These include crimes such as assault, causing simple hurt, theft, forgery etc.

Juvenile petit theft of the first degree occurs when a minor under 18 steals property that is valued as being more than $100 but less than $300. This offense is charged as a misdemeanor of the first degree, punishable by up to one year in jail and/or a fine of $1,000.

Although it is legal to sue minors for injuring you or damaging your property, it's rarely worthwhile, because most are broke and therefore can't pay the judgment. ... Parents may also be liable for damage done by their minor children in auto accidents, if they authorized the child to drive.

the police can arrest children if they believe they have committed a crime. Typically, police stations will have a child welfare protection officer ( Section 107 of JJ Act 20and in each district and city, there will be at least one special juvenile police unit. When the police arrest a child on suspicion of committing a crime, this should normally be done by a Special Juvenile Police Unit. If a regular police officer arrests the child, then the child should immediately be placed under the care of the Juvenile Police Unit, or a designated Child Welfare Police Officer. (Section 10 of JJ Act 2015)

Dear Joy,

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 Juvenile Justice Board will conduct an inquiry into the matter, after which it will pass its judgement.

The Juvenile Justice Act of 2015 defines “petty offences” in its Section 2(45) as those offences for which the maximum punishment under the Indian Penal Code is three years of imprisonment. Section 379 of the Indian Penal Code, and Section 303 of the Bharatiya Nyaya Sanhitha, prescribes the punishment for theft as imprisonment that may extend to a term of three years, or fine, or both. Therefore, theft very well comes under the definition of a petty offence as per the Juvenile Justice Act. It must be noted that the BNS has expanded the definition of theft and now includes punishment as imprisonment for a term of up to seven years and fine, for certain offences specified in it. Since the offence in question does not come under its purview, it shall not be considered.

When a child alleged to be in conflict with law is apprehended, as per Section 13 of the Juvenile Justice Act, it is the duty of the officer designated as the Child Welfare Officer of the particular police station to inform the parents or guardian of the child of the same, and direct them to be present at the Juvenile Justice Board before which the child will be produced.

Once the child is produced before the Board, Section 14 of the same act prescribes that, it should conduct an inquiry into the matter which should be completed within four months, with an extension of two months available for cases whose circumstances are complex, the reasons for which should be recorded. Inquiry against petty offences should be conducted in a summary manner as defined in the CrPC, and if the inquiry remains inconclusive even after the extended period, the proceedings shall be terminated in case of petty offences.

As per Section 18 of the same act, if after the inquiry the Board determines the child to be in conflict with law, it shall pass any one of the following orders as it may deem fit, which will be  dependant on the gravity of the offence:

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