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Under the Juvenile Justice (Care and Protection of Children) Act, 2015, which statement correctly…

Section 3(i) states the presumption that a child is innocent of mala fide or criminal intent up to age eighteen. A preliminary assessment under section 15 is not a trial,…

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Under the Juvenile Justice (Care and Protection of Children) Act, 2015, which statement correctly describes the effect of a serious allegation or transfer of a child’s case for trial as an adult on the presumption of innocence?

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Answer and explanation

Correct answer D

Section 3(i) states the presumption that a child is innocent of mala fide or criminal intent up to age eighteen. A preliminary assessment under section 15 is not a trial, and a transfer order under section 18(3) does not determine guilt.

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Option A

The nature of a murder allegation by itself does not remove the section 3(i) principle.

Option B

The nature of a gang rape allegation by itself does not remove the section 3(i) principle.

Option C

Sections 15 and 18(3) concern preliminary assessment and transfer. The assessment is expressly distinct from a trial.

Option D

Section 3(i) states the principle. A charge or preliminary transfer does not adjudicate guilt.

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