Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Law Juvenile Justice Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Law : Juvenile Justice Act, 1986 : Section 2(h) and 32-Juvenile-Age-Determination of~Crucial date-Held : The data on which the accused is brought before the competent authority is date with reference to which the age of the person has to be determined-The date of commission of the offence is irrelevant in this regard. Section 32-Juvenile-Age-Determination of-Relevant factors to be considered-On the basis of relevant record Magistrate concluded that the accused was above 16 years and, therefore, not required to be tried by a Juvenile Court-Such finding was upheld by Sessions Court and High Court-Correctness of-Held: Supreme Court's interference not called for. Constitution of India, 1950 : Article 141-Ratio decidendi-Rule of sub silentio--A decision not expressed on a conscious consideration of an issue is not the ratio decidendi and cannot have binding effect. Interpretation of Statutes: Internal Aids-Preamble-It is permissible to look into the Preamble if the language is ambiguous so as to determine the legislative intent. Doctrines: Doctrine of sub silentio. Words and Phrases: "Juvenile" and "neglected juvenile "-Meaning of -In the context of S.2 of the Juvenile Justice Act, 1986. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2000 INSC 311 |
Petitioner | Arnit Das |
Respondent | State Of Bihar |
SCR | [2000] Supp. (1) S.C.R. 69 |
Judgement Date | 2000-05-09 |
Case Number | 469 |
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