Childhood is a notion that is subject to constant revision in any given era or place-this phrase has assumed significant importance in the present legal scenario making it inevitable to analyse if this understanding is indeed true or not. In the aftermath of the Nirbhaya case in India, a big question has arisen with regard to the correctness of the existing age of criminal responsibility in India. The present age of criminal responsibility in India according to the Juvenile Justice (Care and Protection for Children) Act,2000 is 18 years. Juvenile offenders are accorded special treatment under this Act and are not tried in the same Courts as adult offenders.
The minimum age of criminal responsibility (MACR) is the age below which a person is completely immune from any criminal liability due to lack of maturity and judgement to understand the consequences of one’s actions. Next come the age below which a person is considered vulnerable and immature and hence cannot be made fully responsible for ones actions. This is the period of childhood and adolescence and crime committed during this stage is dealt with by most nations under special laws known as juvenile justice laws. Juvenile delinquency is on the increase today and one of the major issues faced by th world. India is also struggling with juveniles committing …show more content…
The courts, including the Supreme Court, had continuously held that the date of offence was the relevant date. In 2000, the supreme court in Arnit Das v.State of Bihar , shifted from this oft view, and observed that the relevant date at which juvenility to be determined was the date on which the juvenile was produced before the competent authority, viz , the JJB, Arnit Das case raised the question about reference to which date the age of the petitioner is required to be determined for finding out whether he is a juvenile or
The minimum age of criminal responsibility (MACR) is the age below which a person is completely immune from any criminal liability due to lack of maturity and judgement to understand the consequences of one’s actions. Next come the age below which a person is considered vulnerable and immature and hence cannot be made fully responsible for ones actions. This is the period of childhood and adolescence and crime committed during this stage is dealt with by most nations under special laws known as juvenile justice laws. Juvenile delinquency is on the increase today and one of the major issues faced by th world. India is also struggling with juveniles committing …show more content…
The courts, including the Supreme Court, had continuously held that the date of offence was the relevant date. In 2000, the supreme court in Arnit Das v.State of Bihar , shifted from this oft view, and observed that the relevant date at which juvenility to be determined was the date on which the juvenile was produced before the competent authority, viz , the JJB, Arnit Das case raised the question about reference to which date the age of the petitioner is required to be determined for finding out whether he is a juvenile or