(https://allindianlegalupdates.blogspot.com/2021/04/x-boy-of-17-years-commits-rape-of-girl.html)
Issue:
Whether the arrest of X is valid?YES
Whether X is liable for the benefit of Juvenile Justice Act?YES
Whether X is liable for rape for his criminal tendency? YES
Rule:
Section 2 (12) Juvenile Justice ( Care and Protection of Children ) Act, 2015 provides that 'Juvenile' or 'child' means 'a person who has not completed 18th year of age, be he a boy or a girl'. Section 6 Juvenile Justice ( Care and Protection of Children ) Act, 2015 provides the provisions for the placement of persons, who committed an offence, when person was below the age of eighteen years.
Section 49(1) of the Juvenile Justice Act, 2000 and Section 94 of the Juvenile Justice ( C&P) Act, 2015 confers the power on competent authority or Board determine whether the person brought before it is a child or not.
Application:
This problem is related to the 'Conviction of juvenile in case of rape'. In Nirbhaya case the juvenile Defendant known as Raju was declared as 17 years and six months old on the day of the crime by Juvenile Justice Board. On 28/01/2013, the Juvenile Justice Board determined that he would not be tried as an adult. The minor was tried separately in a juvenile court. Subramanian Swamy's plea for trying juvenile as adult accused dismissed by the Court.
On 31st August, he was convicted of rape and murder under the Juvenile Justice Act, 2015 and given the maximum sentence of three years' imprisonment in a reform facility, inclusive of the eight months he spent in remand during the trial. The juvenile was released on 20/12/2015. On 22/12/2015, Rajya Sabha passed the Juvenile Justice Bill, which proposed that the accused who are above 16 years of age will be treated as an adult in the Court of law.
Conclusion:
In the instant problem, the arrest of X is valid. X is entitled for the benefit of Juvenile Justice Act, 2015 because he is below 18 years of age. However, the liability of X shall be based on the criminal tendencies. In this situation if the juvenile offender is released from the observation home and sent back to the same socioeconomic atmosphere, he will be exposed to moral and psychological dangers.
