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8 Terms
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Regarding Section 1 & 2 (Application & Definitions): (1) What is the core trap regarding age calculation? (2) What is the exact distinction between Petty, Serious, and Heinous offences? (3) Which courts act as the "Children's Court" under Sec 2(20)?
(1) Core Trap: The age of the "child in conflict with law" under Sec 2(13) is strictly determined based on the **date of commission of such offence**, NOT the date of apprehension.
(2) Definitions: Petty (max imprisonment up to 3 years), Serious (imprisonment between 3 to 7 years), Heinous (minimum imprisonment for 7 years or more).
(3) Authority/Court: Court established under Commissions for Protection of Child Rights Act 2005, POCSO Act 2012, or the Court of Sessions.
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Regarding Section 4 & 7 (Juvenile Justice Board & Procedure): (1) What is the required composition of the Board under Sec 4(2)? (2) What is the timeline for member induction training under Sec 4(5)? (3) Can an individual member pass a final disposal order under Sec 7(3)?
(1) Composition: One Principal Magistrate (JMFC/MM with >=3 yrs experience) and two social workers (at least one shall be a woman).
(2) Timeline: Induction training shall be provided within 60 days from the date of appointment.
(3) Exception/Trap: No. While individual members can produce a child when the Board is not sitting, final disposal or orders transferring a child to adult trial under Sec 18(3) require at least two members including the Principal Magistrate.
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Regarding Section 9 (Procedure by unempowered Magistrate): (1) What must a regular Magistrate do if the accused appears to be a child? (2) Can the claim of juvenility be raised at any stage? (3) What type of evidence is strictly prohibited when determining age?
(1) Authority: Shall record such opinion without delay and forward the child and records immediately to the Board having jurisdiction.
(2) Core Trap: Yes, the proviso states the claim may be raised before any court at any stage, even after final disposal of the case.
(3) Evidence Exception: The court shall make an inquiry and take evidence, but **not an affidavit**, to determine age.
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Regarding Section 10 & 12 (Apprehension & Bail): (1) Is bail for a juvenile based on whether the offence is bailable/non-bailable? (2) What is the absolute prohibition regarding police custody under Sec 10(1)? (3) What is the timeline if a child cannot fulfill bail conditions? (4) What are the 3 exceptions where bail SHALL be denied?
(1) Core Trap: No. Sec 12 mandates they shall be released on bail for ANY bailable or non-bailable offence, notwithstanding the CrPC.
(2) Absolute Prohibition: Provided that in no case shall a child be placed in a police lockup or lodged in a jail.
(3) Timeline: If unable to fulfill bail conditions within 7 days, they shall be produced before the Board for modification.
(4) Exceptions: Bail shall be denied if there are reasonable grounds believing release will bring the child into association with any known criminal, expose them to moral/physical/psychological danger, or defeat the ends of justice.
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Regarding Section 14 & 15 (Inquiry & Preliminary Assessment): (1) What is the exact timeline for completing a Board inquiry? (2) Who undergoes a preliminary assessment and for what? (3) What is the timeline for this assessment? (4) What happens if inquiry for petty offences exceeds the time limit?
(1) Timeline: Shall be completed within 4 months, extendable by a maximum of 2 more months.
(2) Core Concept: Children who have completed 16 years of age or above accused of heinous offences undergo preliminary assessment for mental/physical capacity to commit the offence.
(3) Assessment Timeline: Shall be disposed of within 3 months from first production.
(4) Exception/Proviso: For petty offences, if inconclusive after the extended period, proceedings **shall stand terminated**.
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Regarding Section 18 (Orders for child in conflict with law): (1) What is the maximum duration a child can be sent to a special home or placed on probation? (2) Can the Board order a child to pay a fine? (3) Which authority handles the trial if the Board transfers a 16+ year old for a heinous offence?
(1) Timeline: For a period not exceeding 3 years (for special home or probation).
(2) Core Concept: Yes, the Board may order the child or parents to pay a fine (provided labor laws aren't violated if the child is working).
(3) Authority: The Board may order transfer of the trial to the Children's Court.
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Regarding Section 19-21 (Children's Court Powers & Prohibited Orders): (1) What is the core trap regarding life imprisonment under Sec 21? (2) Where is a child tried as an adult kept during the trial and sentence? (3) What happens when the child attains 21 years of age?
(1) Core Trap: The law does NOT ban all life imprisonment: it specifically dictates no child shall be sentenced to death or "life imprisonment **without the possibility of release**".
(2) Custody: Sent to a "place of safety" until they attain 21 years of age.
(3) Timeline/Outcome: At age 21, the Children's Court evaluates them: they may be released on conditions (with a monitoring authority) or directed to complete the remainder of their term in a jail.
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Regarding Sections 22-26 (Protections & Runaways): (1) Can a juvenile be subjected to Chapter VIII CrPC bonds or joint trials with adults? (2) Does a juvenile conviction carry future legal disqualifications under Sec 24? (3) What is the procedure if a child runs away from an institution?
(1) Core Trap: Absolute ban. No proceeding shall be instituted under Chapter VIII of CrPC (preventive detention) and there shall be no joint proceedings with adults, notwithstanding the CrPC.
(2) Substantive Protection: No, they shall not suffer disqualification, and records shall be destroyed (Except: Heinous offences where the child is tried as an adult in Children's Court, where records are retained).
(3) Procedure: Police may take charge, produce within 24 hours, and **no additional proceeding shall be instituted** against the child for running away.