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juvenile in conflict with law

English · Criminal law

Meaning. A child alleged or found to have committed an offence while below eighteen years of age.

Section 2(13) of the JJ Act, 2015 defines a child in conflict with law as one who is alleged or found to have committed an offence and who had not completed eighteen years on the date of the offence. Such a child is not tried by an ordinary criminal court but dealt with by the Juvenile Justice Board, which may pass reformative orders such as advice, community service, fine or stay in a special home for up to three years.

For a heinous offence (minimum punishment of seven years or more) committed by a child aged sixteen to eighteen, the Board makes a preliminary assessment of the child’s mental and physical capacity and may transfer the case to the Children’s Court for trial as an adult. Even then the child cannot be sentenced to death or to life imprisonment without possibility of release. The 2015 Act prefers this phrase to the older “juvenile delinquent”.

Example

The Board held a preliminary assessment under Section 15 before deciding whether the sixteen-year-old juvenile in conflict with law should be tried as an adult.

In Indian law

  • Sections 2(13), 15, 18 and 21, Juvenile Justice (Care and Protection of Children) Act, 2015

See also

juvenile · doli incapax · restorative justice · probation

Read more in the study notes

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