Monday 4 February 2013

Supreme Court to Examine Definition of "Juvenile"

Excerpts:

"The issue assumes significance in the wake of the brutal gangrape and assault of a 23-year-old in Delhi on December 16 in a moving bus that shook the conscience of the nation. The victim died in a Singapore hospital on December 29. One of the six accused in the case is a juvenile. ..."

"... A bench comprising justices K S Radhakrishnan and Dipak Misra decided to hear the matter from April 3 ... "

" ... The petition, filed by two advocates – Kamal Kumar Pandey and Sukumar – contended that sections 2(k), 10 and 17 of the JJ Act which deals with the issue were irrational and ultra-vires of the Constitution. ... "

" ... The counsel said that the definition of juvenile under section 82 and 83 of the IPC is a much better classification.

Section 82 provides that nothing is an offence which is done by a child under seven years of age.

Section 83 says nothing is an offence which is done by a child above seven years of age and under twelve and who has not attained the maturity to understand or judge the nature and consequences of his conduct. ... "

Source: The Indian Express, 4 February 2013


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