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Claim of Juvenility

  • 10 Oct 2024
  • 1 min read

Source: HT 

Recently, the Supreme Court ruled that juvenility can be claimed at any stage of criminal proceedings, including after the conviction has become final. 

  • The court pointed out that juvenility is a right and not subject to waiver due to delays or procedural technicalities. 
  • The court held that even a final judgement does not prevent a reevaluation of the case if juvenility is in question. 
  • Section 94 of the Juvenile Justice Act, 2015 allows juvenility claims to be raised even post-conviction, ensuring that the rights of juveniles are protected regardless of procedural delays. 
  • Similarly, in the Abuzar Hossain Vs State of West Bengal Case, 2012, the Supreme Court had allowed juvenility claims at any stage of legal proceedings. 
  • As per the Juvenile Justice Act, 2015 a juvenile is defined as a person who has not completed eighteen years of age. 
    • Juveniles aged 16-18 years would be tried as adults, if charged with heinous crimes.  

Read More: Issue with the Juvenile Justice Amendment Act, 2021 

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