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Arshi   17 April 2021

Minor accuse in rape case

Can a person above 16 years old but less than 18 years old get punished in case of rape?



Learning

 5 Replies

Sathya Moorthy BA BL   17 April 2021

yes offence
1 Like

Kishor Mehta (CEO)     17 April 2021

Yes he can be prosecuted for rape.

P. Venu (Advocate)     17 April 2021

Please post material facts.

Dr J C Vashista (Advocate)     18 April 2021

What is your concern/ dispute / locus standi ?

minakshi bindhani   07 September 2021

Hello Arshi
Hope you are doing well!
Rape is heinous as well an intense matter in criminal law. Therefore, the law is also rigorous in this subject.
If you do know anyone affected by this, please reach out and communicate with them and if you need any kind of legal advice. This forum is glad to help you out.
So as per your query if an offender is below 18 years and commits any crime i.e murder or rape per se. He will be punished like an adult.
1. The Parliament passed the protection of children against s*xual offences Act(POCSO), 2012 to protect children from offences of s*xual assault, s*xual harassment and p*rnography against persons below the age of 18 years. 
2. The trial has to be conducted in special children’s courts to aid speedy disposal with the establishment of special procedures to avoid children not seeing the accused at the time of testifying. 
After the Criminal law Amendment Act, 2013 :
The Legislation confirmed that if children within the age of 16 to 18 undertake gruesome and violent murders and rapes, they would be tried and punished as adults as per the Criminal Law Amendment Act, 2013.
Previously the Juvenile Justice Act, 2000 was handling the issue of children in conflict with where the child under 18 years cannot be awarded death penalty or life imprisonment.
After the Criminal Law Amendment Act, 2013 made significant evolutions, where the victim can get satisfactory justice.
Hope it clarifies your issues!
Regards
Minakshi Bindhani

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