Question:
Which of the following Section of Juvenile Justice Act, 2015 provides that where an offence under the Juvenile Justice (Care and Protection of Children) Act, 2015 is punishable with imprisonment for a term more than seven years, then such offence shall be cognizable and non bailable.
Which of the following Section of Juvenile Justice Act, 2015 provides that where an offence under the Juvenile Justice (Care and Protection of Children) Act, 2015 is punishable with imprisonment for a term more than seven years, then such offence shall be cognizable and non bailable.
Updated On: Jul 3, 2024
- Section 2(54)
- Section 24
- Section 76
- Section 86
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The Correct Option is D
Solution and Explanation
The correct option is(D): Section 86
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- The Indian legal system places a significant emphasis on protecting the rights and welfare of children. The Juvenile Justice (Care and Protection of Children) Act, 2015, is a vital piece of legislation in this regard. It is designed to ensure that children in conflict with the law receive special care, protection, and treatment, with the ultimate goal of their rehabilitation and reintegration into society.
One of the key provisions of the Act is the establishment of Juvenile Justice Boards (JJBs) at the district level. These boards consist of a Metropolitan Magistrate or Judicial Magistrate of the first class and two social workers, at least one of whom should be a woman. The primary function of the JJB is to determine the age of the juvenile, the circumstances in which the offense was committed, and whether the juvenile should be sent to a special home or released on probation.
The Act makes a clear distinction between a “child in conflict with the law” and a “child in need of care and protection.” A child in conflict with the law is one who has committed an offense, while a child in need of care and protection is a child who is vulnerable or at risk and requires special care and support.
The Act introduces a unique approach to dealing with children who are in conflict with the law. For children between the ages of 16 and 18, who have committed heinous offenses, they can be tried as adults, subject to a preliminary assessment by the Juvenile Justice Board. This assessment considers the child’s mental and physical capacity to commit such an offense. If the board determines that the child should be tried as an adult, the case is transferred to the regular criminal courts.
The Act also places restrictions on the publication of information that could lead to the identification of a juvenile offender. This is done to protect the privacy and future prospects of the child. - Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalised people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority. These services are governed by the Legal Services Authority Act, 1987 (the “Act”) and provided by the National Legal Services Authority (“NALSA”).
Provision of free legal aid includes:
• Representation by an advocate in legal proceedings;
• Payment of process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings in appropriate cases;
• Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;
• Drafting of legal documents, special leave petition etc.; and
• Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.
Free legal aid also includes provision of aid and advice to the beneficiaries to access benefits under welfare statutes and schemes framed by the Central Government or the state governments and to ensure access to justice in any other manner. Free legal aid is not confined to cases before the subordinate courts.
Free legal aid must be provided to the needy from the lowest court to the Supreme Court of India.
According to Section 13(1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive free legal aid, provided that NALSA is satisfied that such person has a genuine case to prosecute or defend the matter. There is hence no bar as to which kind of cases one can apply and not apply for. Section 12 of the Act includesthe following:
• a member of a Scheduled Caste or Scheduled Tribe;
• a woman or a child;
• a person with a disability;
• an industrial workman; or
• a person in police custody.
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