Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Juvenile Justice (Care and Protection of Children) Act 2000: s.2(k) 2(1) 7-A 20 and 49 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Juvenile Justice (care and Protection of Children) Act, 2000 (56 of 2000) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Juvenile Justice (Care and Protection of Children) Act, 2000: s.2(k), 2(1), 7-A, 20 and 49- Determination of juvenility - Held: All persons below the age of 18 years on the date of commission of offence would be treated as juveniles, even if the claim of juvenility is raised after they have attained the age of 18 years on or before the date of commencement of the 2000 Act and were undergoing sentence upon being convicted - Accordingly, a juvenile who has not completed 18 years on the date of commission of the offence is entitled to the benefits of the 2000 Act, as if the provisions of s.2(k) had always been in existence even during the operation of the 1986 Act - In the instant case, appellant was convicted u/s.376 r/w s.511, IPC - His age at the time of commission of offence was about 16 years, therefore, he is held to be a juvenile, within the meaning of s.2(1) of the amended 2000 Act - He cannot be kept in prison to undergo the sentence - The sentence imposed is set aside and he is directed to be released from prison - He is further directed to be produced before the Juvenile Justice Board, for passing appropriate orders in accordance with the provisions of 2000 Act - Juvenile Justice Act, 1986 - s.2(h) - Juvenile Justice (Care and Protection of Children) Rules 2007 - ff.12 and 98- Penal Code, 1860- s.376 r/w s.511. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2011 INSC 20 |
Petitioner | DAYA NAND |
Respondent | STATE OF HARYANA |
SCR | [2011] 1 S.C.R. 173 |
Judgement Date | 2011-01-07 |
Case Number | 30 |
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