Regarding juvinile justice
2 months ago
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?
Section 19 of THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 deals with the powers of the Children's Court. As per sub-section (1)(ii) of section 19 of the Act, after the receipt of the preliminary assessment from the Juvenile Justice Board under section 15 of the Act, the Children's Court may decide that there is no need for trial of the child as an adult and may conduct an inquiry as a Board and pass appropriate orders following the provisions of section 18 of the Act Sec 24 of the Act deals with the removal of disqualification on the findings of an offense. As per Sub-Section (2) of Sec.24, the Board shall make an order directing the Police, or the Children's Court to its registry that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or, as the case may be, a reasonable period as may be prescribed, Provided that in case of a heinous offense where the child is found to be in conflict with law under clause (i) of sub-section (1) of section 19, the relevant records of conviction of such child shall be retained by the Children's Court. Given the above provision of the relevant Act, you may approach the Juvenile Justice Board or Children's Court through an Interlocutory Application(IA) praying for the deletion of records of conviction. In case your application deserves merit, the Court may allow your appeal and pass an order accordingly.
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