Principle: As per the Juvenile Justice (Care and Protection of Children) Act, 2015, a 'Child in…
Under Section 2(13) of the Juvenile Justice (Care and Protection of Children) Act, 2015, a 'child in conflict with law' must both be alleged or found to have committed an…
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Principle: As per the Juvenile Justice (Care and Protection of Children) Act, 2015, a 'Child in conflict with law' means a child who is (i) alleged or found to have committed an offence, AND (ii) who has not completed the age of eighteen years of age on the date of commission of such offence.
Facts: On April 1, 2021, a police officer found Howard beating up Kripke that caused grievous injury to Kripke. Howard was born on January 7, 2002.
On September 25, 2020, Priya decided that she would jeopardise Penny's stage performance one day by setting fire to the entire stage. Priya was born on March 15, 2005.
On June 24, 2021, the CCTV camera in Sheldon's house caught Rajesh in the act of stealing Sheldon's laptop and DVD player. Rajesh was born on December 24, 2006.
Determine who qualifies to be a 'child in conflict with law' from the given options:
Answer and explanation
Correct answer A
Under Section 2(13) of the Juvenile Justice (Care and Protection of Children) Act, 2015, a 'child in conflict with law' must both be alleged or found to have committed an offence and have been under 18 years of age on the date of commission of that offence. Howard (born January 7, 2002) was already over 19 years old on April 1, 2021 when he assaulted Kripke, so he is not a child. Priya (born March 15, 2005) was under 18 on September 25, 2020, but merely deciding in one's mind to set fire to a stage one day without committing any overt act is not an offence. Rajesh (born December 24, 2006) was 14 years and 6 months old on June 24, 2021 when he committed theft, so only Rajesh qualifies as a 'child in conflict with law'.
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Jammu & Kashmir Prosecuting Officer