juvenile justice act2006

vijaykumar (Querist) 09 March 2011 This query is : Resolved
when accused was on date(12/7/09) of alleged offence commit theft by 17/7yr old young guy (U/s 381 IPC /charge made) is he recovers or claim for benefit of juvenile ? where he can file his application or try for bail.but he is already under proceeding of U/s code of criminal procedure 81,82,and 83 PO Attachment of property.
what steps should be taken by an advocate 1. he can try to bail or move an application before juvenile justice board . or surrender before police or MM/concern court. what should he do ?

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Arvind Singh Chauhan (Expert) 09 March 2011
He may surrender before police or before juvenile Justice board with his age proof. If police ignores his age factor and seek remand from JM, he may pray before JM that he is juvenile and must be produced before juvenile Board.

Guest (Expert) 09 March 2011
the benefit of juvenile is given at the stage when the offence is committed. if at the time of the offence the offender was juvenile even of one day he will get that benefit on production of material evidence in lieu of his birth. the application can also be moved to the police as well as in the court also. after the surrender in the court and apply for the bail for the same if it is not granted on regular basis. if he is bailed out than the same can be moved after his bail.

Dayananda Gowda (Expert) 09 March 2011
I agree with experts

Uma parameswaran (Expert) 09 March 2011
He can claim the benefit of Juvenile.Appear before Juvenile Justice Board with documents related to age proof. Bail application can be move before Juvenile Justice Board.If case is pending before magistrate Court ,then you can move a transfer petition.

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