Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Juvenile Justice Act 3 20 and 69 18 2000-Sections 2(k) 26 and 32 Juvenile Justice (Care and Protection of Children) Act 1986-Sections 2(h) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Juvenile Justice Act, 1986-Sections 2(h), 3, 18, 26 and 32 Juvenile Justice (Care and Protection of Children) Act, 2000- Sections 2(k), 20 and 69. Juvenile offender-Age-Determination-Reckoning date-Held: The reckoning date for determining the age of the Juvenile offender is the date of offence and not the date when he is produced before the Authority/Court. 2000 Act-Applicability of-To the cases initiated under 1986 Act, pending on the date of enforcement of 2000 Act-Held: The Act of 2000 would be applicable to such cases only when the accused had not attained 18 years of age on the date of its enforcement-Model Rules framed by Central Government-Rule 62-United National Standard Minimum Rules for Administration of Juvenile Justice, 1985. The questions for determination in the present appeal before the Constitution Bench were : 1. What would be the reckoning date in determining the age of juvenile offender, viz., date when produced in a Court, as had.been held by this Court in Amit Das v. State of Bihar, (2000) 5 SCC 488 or the date on which the offence was committed as had been held in Umesh Chandra v. State of Rajasthan, (1982) 2 SCC 202? 2. Whether Juvenile Justice (Care and Protection of Children) Act, 2000 would be applicable to the case, proceeding whereof was initiated under Juvenile Justice Act, 1986 and was pending on the date of enforcement of the Act of 2000? |
Judge | Hon'ble Mr. Justice H.K. Sema |
Neutral Citation | 2005 INSC 58 |
Petitioner | Pratap Singh |
Respondent | State Of Jharkhand And Anr. |
SCR | [2005] 1 S.C.R. 1019 |
Judgement Date | 2005-02-02 |
Case Number | 210 |
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