In which of the following situations the general principle of presumption of innocence of a child in…
Section 3(i) of the Juvenile Justice (Care and Protection of Children) Act, 2015 lays down that any child is presumed to be innocent of any mala fide or criminal intent up…
Choose your answer
In which of the following situations the general principle of presumption of innocence of a child in conflict with law shall not be applicable?
Answer and explanation
Correct answer D
Section 3(i) of the Juvenile Justice (Care and Protection of Children) Act, 2015 lays down that any child is presumed to be innocent of any mala fide or criminal intent up to the age of eighteen years. Neither the gravity of the charge, such as murder under section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 302 IPC) or gang rape under section 70(1) BNS (formerly section 376D IPC), nor a transfer for trial as an adult under sections 15 and 18(3) removes this presumption, since the preliminary assessment is not a finding of guilt.
So "None of the given options is correct" is the answer.
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Rajasthan Judicial Services