Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


A common voice is being raised in society that juveniles in conflict with law in case of heinous crimes to be tried like adults in courts of law.
    

This need to be understand from multiple perspective.Firstly if we see from the angle of any citizens of land are not required in civilized society irrespective of his age or mental status. I n the interest of peace in society they should be treated like adults during criminal trial.
      

But the problem arise from here,by treating juveniles equivalent to adults we are raising the presumption that he understood the consequences of his act like adult.The important element of crime ,men's rea need to understood in different perspective in case of juvenile in conflict with law.
      

Thus the question comes -was the juvenile in conflict with law was mature enough to understand the liability arising because of his crime. Even our civil law recognise this principle that minor cannot contract,even recent amendment in ipc laws on sexual crimes against children treating the age of consent as 18years.This is in line with science of understanding the difference between legal and illegal.Here important point needed to emphasise that intelligence is different from wisdom which signifies good sense and judgement.Even a child of 10years may be intelligent enough like adult but what he/she will be lacking    the judgement part of his acts.
  

Another very essential part of criminal jurisprudence if reform,even the purpose of imprisonment is punish and reform at the same time so that once he is released he can/expected to live peacefully.Even while awarding punishment there is the principles of any mitigating circumstances to be taken into account and repeated offenders are dealt strenuously under penal provisions.Keeping a person in imprisonment is a cost itself to the society of bearing his life expenses while if we are able to rehabilitate these the burden is reduced.A through study is needed to understand the social,family circumstances which make these juveniles born innocent turning to juveniles in conflict with law.Rehabilitation should be priority rather than life imprisonment.
 

A important point needed to emphasised here is there are still some crimes like sedition; terrorism where a exception can be carved out because of there strict liability nature but for the rest only with the proper scientific legal study law to be modified.


"Loved reading this piece by ROHIT GUPTA?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Others, Other Articles by - ROHIT GUPTA 



Comments


update