Regarding juvinile justice
I am a government job aspirant, and in a property dispute, an FIR under Sections 447, 341, 323, 354, 379, 504, 506, and 34 of the Indian Penal Code was lodged against my father, my uncle, and me by my aunt on May 30, 2019. Since my date of birth is January 2, 2002, my age at the time of the alleged incident was 17 years, 4 months, and 28 days, making me a juvenile. Due to a lack of legal awareness, I was unaware of the existence of any juvenile justice act. The concerned court granted anticipatory bail on July 3, 2019, and since then, we have been on bail. It's worth noting that none of the offences specified in these sections of the Indian Penal Code carry punishments considered heinous under the JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015, as none of the punishments exceeds or equals 7 years of imprisonment. My questions and concerns: ● My advocate lied about my age in court and portrayed me as an adult. He also told me to say that I was uneducated when asked by the judge. Luckily, the judge did not ask about my education. I don’t know why he did it or what consequences it may have for my case now. ● Despite being above the age of 16 at the time of the alleged incident, I want my case to be tried by the Juvenile Justice Board and not a Children’s Court, as none of the offences are considered heinous. How can I do it? How can I transfer my case from a district court, where it is pending, to the Juvenile Justice Board? ● Since the FIR was filed by my very own aunt, she now regrets filing this false FIR in the heat of the moment and wants to retract it. However, since Section 354 is non-compoundable, it must be contested. She can testify in court that nothing of this sort has happened, but then again, I will likely be acquitted due to the benefit of the doubt. So, will Section 24 of THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 apply? Will my records be deleted, and will I not suffer from any sort of disqualification?
Share on
×