Question

From which of the following dates Juvenile Justice Act, 2015 was implemented?

• A. January 16, 2015
• B. January 15, 2016
• C. February 16, 2016
• D. February 15, 2015
• A. ‘A’ can raise the plea of juvenility since he was child on the date of commission of the offence.
• B. ‘A’ cannot be allowed to raise the plea of juvenility.
• C. For raising the plea of juvenility, the age on the date of trial is considered and not the age on the date of commission of offence.
• D. All are true.
• A. The Court can decide the plea of juvenility only on the basis of the affidavit of the claimant
• B. The Court shall get the enquiry conducted by collector of the district.
• C. The Court shall take such evidence as it considers necessary and decide the age of the claimant.
• D. Both (A) and (B) are true.
• A. The Court is bound to try the entire case and decide whether the claimant has committed the offence
• B. The order of conviction passed by the Court after recording finding that the accused is a child, is valid.
• C. The Court shall forward the matter to Juvenile Justice Board for decision and appropriate orders.
• D. The Court shall set the accused free.
• A. Orphaned children
• B. Abused children
• C. Neglected children
• D. Children in conflict with law
• A. A child who is without a biological parent
• B. A child who is without an adoptive parent
• C. A child who is without a legal guardian
• D. All the above

Answer 1

The Correct Option is B

The Juvenile Justice (Care and Protection of Children) Act, 2015, came into effect on January 15, 2016. This legislation replaced the Juvenile Justice (Care and Protection of Children) Act, 2000. It introduced a comprehensive framework for dealing with juveniles in conflict with the law, especially with respect to the claims of juvenility during legal proceedings. According to Section 9(2) and (3) of the 2015 Act, if a person claims to be a child at the time of committing an offence or if the court suspects that the person was a child then, an inquiry is initiated. The court must gather necessary evidence to ascertain the age, but affidavits are not allowed for this purpose. The age determination can be argued at any stage of a trial or even after final case disposal, ensuring that the child's rights are recognized and protected throughout the judicial process.

Answer 2

To determine the validity of A's claim to juvenility on the date of the offense, we must refer to the provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015. According to Section 9(2) and (3), a person can claim to be a juvenile if they were a child on the date of the commission of the offense. The age is to be determined by an inquiry if such a claim is made.

Given that A was born on March 31, 2006, he turned 16 on March 31, 2022. Since the offense occurred on January 1, 2022, A was under 18 at that time. Therefore, according to the legal comprehension provided, A can indeed make a plea of juvenility because he was a child on the date of the offense.

The correct statement is: ‘A’ can raise the plea of juvenility since he was a child on the date of commission of the offense.

Answer 3

When a claim of juvenility is raised before a court under the framework of the Juvenile Justice Act, 2015, the procedure outlined in Section 9(2) and (3) must be followed. According to these sections, if an individual accused of an offense claims to have been a child on the date of the offense, the court is mandated to conduct an inquiry. This inquiry involves taking necessary evidence—but not an affidavit—to ascertain the individual's age at the time of the offense. The process requires the court to determine and record a finding on the age of the person, ensuring it adheres to the Act's provisions.

Therefore, the statement that is true regarding the plea of juvenility is:

The Court shall take such evidence as it considers necessary and decide the age of the claimant.

This is confirmed by the requirement that the court must make an inquiry and consider evidence other than affidavits to determine the true age of the claimant in accordance with the rules set by the Act. Options such as relying solely on an affidavit or involving the collector of the district are not in alignment with the Act.

Answer 4

In the scenario where an individual claims to have been a child at the time of the alleged offence, it is crucial to understand the legal framework set forth by the Juvenile Justice Act, 2015. According to Section 9(2) and (3) of the Act, when such a claim is presented to a court other than a Juvenile Justice Board, the court must undertake a specific procedure:

• Inquiry and Evidence:The court is required to conduct an inquiry to ascertain the age of the individual as accurately as possible. This involves taking necessary evidence, excluding affidavits, to determine the person's age.
• Recording Findings:The court must then record its findings on the matter, clearly stating the age of the individual at the time the offence was committed.
• Recognizing the Claim:This claim can be recognized at any stage of the judicial process, even after the final disposal of the case. It should be assessed according to the provisions and rules of the Juvenile Justice Act, 2015, regardless of whether the person has ceased to be a child by the time the Act commenced.

If the court concludes that the individual committed the offence while being a child, the court is obligated by law to:

• Forward to the Juvenile Justice Board: The court must forward the matter to the Juvenile Justice Board for decision-making and to issue appropriate orders. This is to ensure that the case is handled in accordance with juvenile justice principles.
• Effect on Sentencing:If a verdict was previously passed by the court, it shall be rendered ineffective, as the case falls under the jurisdiction of the Juvenile Justice Board, which is empowered to make suitable decisions and orders regarding juveniles.

Given the scenario presented, the correct course of action based on legal stipulations is: The Court shall forward the matter to the Juvenile Justice Board for decision and appropriate orders.

Answer 5

The Juvenile Justice Act, 2015, replaced the Juvenile Justice Act, 2000 and includes specific guidelines about the treatment of juveniles involved in legal wrongdoing. Understanding which category of children can be kept in special homes is crucial to this act.

The Act addresses various categories of children requiring care and protection, but special homes are specifically designated for "Children in Conflict with Law." These are children who have committed offenses and are therefore subject to legal proceedings. The Act ensures that such children are provided with the necessary guidance and rehabilitation to reintegrate into society. This is in line with the overarching objective of the juvenile justice system, which is reform and rehabilitation rather than punishment.

For clarity, "Children in Conflict with Law" refers to minors who have breached the law and require custodial care or legal supervision. In contrast, categories such as orphaned, abused, or neglected children typically fall under other protective measures provided by child care institutions or foster care systems under different provisions of the act.

Categories of Children	Placement
Orphaned children	Child care institutions/foster care
Abused children	Child care institutions/foster care
Neglected children	Child care institutions/foster care
Children in conflict with law	Special homes

In conclusion, under the Juvenile Justice Act, 2015, only "Children in Conflict with Law" are kept in special homes. This provision ensures that juveniles involved in legal conflicts are given adequate support and an opportunity for rehabilitation.

Answer 6

In the Juvenile Justice Act, 2015, the term 'Orphan' is defined to include various scenarios regarding a child's guardianship.

• A child who is without a biological parent: This refers to a situation where the child's natural parents are absent due to various reasons such as death or abandonment.
• A child who is without an adoptive parent: This indicates a child who does not have parents because they have not been officially adopted by anyone.
• A child who is without a legal guardian: This states that the child lacks any legally appointed individual responsible for their care.

Considering these points, the correct answer to the question is:

All the above

This implies that the term 'Orphan' within the context of the Juvenile Justice Act, 2015, encompasses any child who does not have a biological parent, an adoptive parent, or a legal guardian.