juvenile

Under the Juvenile Justice (Care and Protection of Children) Act, 2015, “juvenile” and “child” both mean a person who has not completed eighteen years. The Act deals with two groups: children in conflict with law, and children in need of care and protection (orphans, abandoned children, child labourers and so on).

Separately, the criminal code gives complete immunity to a child below seven and qualified immunity to a child between seven and twelve who has not attained sufficient maturity of understanding. Age is determined under Section 94 of the JJ Act from school certificates, birth certificates or, failing these, a medical age test, and a claim of juvenility can be raised at any stage, even after final disposal.

Example

Since he was seventeen on the date of the offence, the accused was a juvenile and his case went to the Juvenile Justice Board.

In Indian law

• Sections 2(12), 2(35), 9 and 94, Juvenile Justice (Care and Protection of Children) Act, 2015
• Sections 20 and 21 BNS (old ss.82 and 83 IPC): doli incapax
• Pratap Singh v. State of Jharkhand, 2005 INSC 58: age is reckoned on the date of the offence

See also

juvenile in conflict with law · doli incapax · minor · doli capax

Read more in the study notes

• Juvenile Justice Act, 2015: salient features and the Juvenile Justice Board (Bharatiya Nagarik Suraksha Sanhita)
• Juvenile Justice Act: procedure for children in conflict with law (Bharatiya Nagarik Suraksha Sanhita)
• Juvenile Justice Act: children in need of care and protection, the Child Welfare Committee and rehabilitation (Bharatiya Nagarik Suraksha Sanhita)
• Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
• Judgment: pronouncement, contents and orders after conviction (Bharatiya Nagarik Suraksha Sanhita)
• General exceptions: mistake, accident, necessity and incapacity (Bharatiya Nyaya Sanhita)